Category: Breach of Contract

Recent Appellate Decisions Hold COVID-19 Not Force Majeure Event for Nonpayment of Rent

July 25, 2023 by Kelly S. Moir, Esq.

COVID-19 tested legal theories and complexities that were previously known, but hardly ever applied in reality. One perfect example of such a complexity is within contract Read More > ...

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Defenses For Buyers in the Era of COVID-19

April 20, 2020 by Brewer Firm Team

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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Watch Those Words!

March 16, 2020 by Simon Offord, Esq.

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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Court Affirms that Liability for Failure to Disclose Requires Relationship

September 30, 2013 by Simon Offord, Esq.

The recent case of Hoffman v 162 North Wolfe LLC confirmed the statutory requirement that in order to prevail on a fraud claim for suppression of Read More > ...

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Court Clarifies Transfer Disclosure Law for Mixed-Use Property

May 19, 2014 by Simon Offord, Esq.

The recent appellate decision of Richman v. Hartley is critical for California real estate agents and sellers to know as it clarifies the mandatory disclosure requirements Read More > ...

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Recent Case Expands Broker’s Duty to Warn

May 20, 2013 by Simon Offord, Esq.

The recent case of Hall v. Aurora Loan Services, LLC, 2013 DJDAR 5460 (April 26, 2013) has expanded the real estate broker’s duty of care to Read More > ...

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No Deficiency on Settlement Agreement for a Note

October 1, 2012 by Peter N. Brewer, Esq.

Recently, in Weinstein v. Rocha, a California appellate court held that if a deficiency is barred by the anti-deficiency statute, a creditor cannot circumvent that protection Read More > ...

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California Court Overturns DRE’s Decision to Deny Broker’s License

February 11, 2013 by Simon Offord, Esq.

In late 2012, the Third Appellate District provided some guidance for the DRE on what is sufficient rehabilitation for a prospective licensee to receive a license. Read More > ...

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Some of the Contract is Illegal, Does it Still Have to be Paid?

December 7, 2010 by Simon Offord, Esq.

Many people enter into contracts with individuals or entities who purport to be licensed real estate brokers, without looking into whether they are actually licensed. If Read More > ...

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We’ve Seen Some Weird Stuff

December 13, 2010 by Peter N. Brewer, Esq.

Over the years, we have encountered a number of strange fact patterns which tend to stand out in our collective memory. Below is a list of Read More > ...

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If The Buyer Is Suing The Seller For Failure To Disclose, Why Is The Listing Agent Or Selling Agent Also Named In The Complaint?

September 14, 2010 by Peter N. Brewer, Esq.

This firm defends real estate brokers and salespersons. The typical scenario the firm sees in a “bad house case” (a purchase and sale transaction in California Read More > ...

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