Author: Clayton

Habitability Disputes and How to Avoid Them

While most landlords and tenants enjoy a peaceful and cordial relationship, there are times wherein disputes arise. This causes stress on both sides, as well as Read More > ...

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End of Tenancy Checklist for Landlords

At the end of each residential tenancy in California, landlords are required to perform a checklist of tasks to comply with the law. These tasks can Read More > ...

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Tenancy-in-Common Complications in the Uniform Partition of Heirs Property Act

I. Partition Abuse and the Problem of Declining Intergenerational Wealth Unfortunately, a far too common scenario occurs where the family home passes to the children where Read More > ...

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An Aberration? A One-Year Statute of Limitations and No Discovery Rule to Section 7031(b) Disgorgement Claims

Section 7031 was enacted as both a shield and a sword to deter unlicensed building contractors by (a) preventing them from bringing a claim for compensation Read More > ...

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5 Precautions to Take when Showing Properties in a Pandemic

Covid-19 changed the way in which properties are shown in the State of California. Open houses, scheduled showings and impromptu drop-ins are now a thing of Read More > ...

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Conducting Business as a REALTOR® in San Mateo and Santa Clara Counties

The current Shelter in Place orders in San Mateo and Santa Clara County, along with the current MLSListings guidelines and rules, have changed the way REALTORS® Read More > ...

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What you Need to Know about the Santa Clara County Covid-19 Residential and Commercial Eviction Moratorium

In light of the Coronavirus (“Covid-19”) Pandemic that has affected schools, businesses, housing and employment, the Santa Clara County Board of Supervisors adopted Ordinance No. NS-9.287, Read More > ...

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Defenses For Buyers in the Era of COVID-19

COVID-19 has had far reaching economic effects that continue to ripple through every industry, and real estate is no exception. In this time of uncertainty many Read More > ...

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California Association of Realtors Releases 4 New Forms in Response to Pandemic

The COVID-19 outbreak has created a slew of issues and potential areas for debate in the real estate world.  This has included issues with performing under Read More > ...

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What you Need to Know about the California Covid-19 Residential Eviction Moratorium

In light of the Coronavirus (“Covid-19”) Pandemic that has affected schools, businesses, housing and employment, Governor Newsom executed two Executive Order’s regarding evictions. The March 16, Read More > ...

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What you Need to Know about the City of Los Gatos’ Covid-19 Residential Eviction Moratorium

In light of the Coronavirus (“Covid-19”) Pandemic that has affected schools, businesses, housing and employment, the Town Council of Los Gatos adopted Ordinance 2305, an Urgency Read More > ...

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What you Need to Know about the City of Santa Clara’s Covid-19 Residential Eviction Moratorium

In light of the Coronavirus (“Covid-19”) Pandemic that has affected schools, businesses, housing and employment, the City Council of Santa Clara adopted Ordinance No. 2014, an Read More > ...

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What you Need to Know about the City of Mountain View’s Residential Covid-19 Eviction Moratorium

In light of the Coronavirus (“Covid-19”) Pandemic that has affected schools, businesses, housing and employment, the City Council of Mountain View adopted Ordinance No. 2.20, an Read More > ...

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What you Need to Know about the City of San Jose’s Covid-19 Residential Eviction Moratorium

In light of the Coronavirus (“Covid-19”) Pandemic that has affected schools, businesses, housing and employment, the City Council of San Jose adopted Ordinance No. 30381, an Read More > ...

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Important Information about Statewide Rent Control – AB1482

Half of all California renters, more than 3 million homes, spend more than a third of their income on rent. This means that half of all Read More > ...

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Watch Those Words!

Stay out of trouble when writing purchase agreements by avoiding these pitfalls The Standard CAR and PRDS agreements are constantly updated and vetted in an attempt Read More > ...

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Pre-Litigation Road Map for Real Estate Clients

Most of the people who seek the help of a real estate attorney want to swiftly resolve a dispute they are experiencing. However, patience can be Read More > ...

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Are Solar Easements Enforceable?

We previously wrote about view easements, a question we are often asked about.  Notably, many clients believe they should have a right to view, but as Read More > ...

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Common Defects That Lead to Disclosure Disputes

The number one piece of advice we give to sellers is disclose, disclose disclose! With most home sales, the devil is in the details. A dispute Read More > ...

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Forms of Joint Property Ownership in California

Individuals purchasing real property in California quite often do so jointly with others.  Whether investing, starting a family, or for business purposes, sharing the benefits and Read More > ...

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Agree to Terms with Co-Owners Before Issues Arise

Our office is contacted frequently about disputes related to real estate clients own with other individuals.  This can include un-wed significant others, siblings, friends and business Read More > ...

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A California Landlord’s Guide to Emotional Support Animals

Having an emotional support animal is a popular new method for therapy and well-being. They provide comfort and support to individuals suffering or in crisis, but Read More > ...

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5 Things to Consider When Transferring Title of Real Property

On almost a weekly basis, our firm receives phone calls from clients about title transfers and changes in real property ownership. Many life events occur throughout Read More > ...

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Wrinkle in California Law Provides Shortcut to Forcing Compliance

Real property is one of the most important purchases in a person’s life. Given the importance and the stakes involved, disputes are not uncommon. Thankfully, California Read More > ...

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What Really is Required for a Failure to Disclose Claim?

Failure to disclose cases are something we deal with on an extremely regular basis. A case I recently litigated confirmed the standard required in order to Read More > ...

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How to Prevent Losing Property via Adverse Possession or Prescriptive Easement

One of the topics we deal with most often pertaining to neighbor disputes are adverse possession or prescriptive easement claims. These are claims whereby one property Read More > ...

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How Will the New Housing Laws in Redwood City Impact You?

It is the New Year, and with that comes resolutions, gift returns, tax returns and new laws.  This is a short guide to help landlords and Read More > ...

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What to Expect During Mediation

A few recent articles have discussed new laws in mediation and situations which oftentimes result in mediation, however we have not discussed what mediation is and Read More > ...

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What to Do When Disaster Hits

With the recent outbreak of fires in Butte County and Southern California, it seemed like an appropriate time to address the best course of conduct for Read More > ...

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New California Law Affecting Real Estate Mediation

Approximately 95% of pending lawsuits end in a pre-trial settlement, with a majority of those settlements occurring at mediation. Mediation has been extremely successful for our Read More > ...

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Can A Buyer Back Out of a Non-Contingent Offer?

In my last article, we discussed liquidated damages in the context of a residential real estate purchase contract.  This article will examine whether a buyer may Read More > ...

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What a Three-Day Notice to Pay Rent or Quit Really Means

It is after Labor Day weekend and that means school supplies, summer vacation credit card bills, and preparing for the holidays. With all these added costs, Read More > ...

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Out of Contract? Not So Fast…

In the highly-competitive real estate market in California, agents are being more aggressive in enforcing contract terms. So before you tell your client that you are Read More > ...

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Liquidated Damages and Buyer’s Refusal to Close Escrow

Buyers seeking to back out of a purchase contract after all contingencies have been removed is one of the matters we see the most in our Read More > ...

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Selling Your Home with a Tenant Inside

Being a landlord in California can be very rewarding, but also challenging at times. Being a landlord and trying to sell your home can be even Read More > ...

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5 Things Landlords Should Remember When Evicting Tenants

Summer is a time where most things slow down. School is out, vacations are plentiful, and the days are longer. What does not slow down is Read More > ...

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Navigating the Unstable World of Real Estate and Cannabis in California

Marijuana legalization in California is here, but the fact that the substance is still considered illegal at the Federal level is causing some confusion and hardships Read More > ...

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Peter Brewer Featured in Super Lawyers Magazine

Super Lawyers® is an organization that rates attorneys by region and publishes award-winning magazines every year. Peter Brewer has held the distinction of Super Lawyers since Read More > ...

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Court Finds Listing Agent Can Fight Multiple Owners for Her Commission

Recently, the Sixth District Court of Appeals in California overturned a lower court ruling that originally prevent a real estate broker from collecting a commission when Read More > ...

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Commercial Landlords Subject to New Accessibility Disclosure Requirements

California has seen an uptick in predatory ADA lawsuits, where landlords and business owners are being sued for accessibility violations under the Americans with Disabilities Act Read More > ...

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Court Allows Owner to Evict Tenant Who Has Filed Bankruptcy

Many previously-decided cases have held that an owner cannot evict a tenant who has filed bankruptcy, without approval of the bankruptcy court. Fighting the automatic stay Read More > ...

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