Category: Real Estate Contracts & Transactions

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

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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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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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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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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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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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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What Sellers and Realtors® Need to Know About California’s Financial Privacy Rights

When a seller decides to carry-back some portion of the purchase price, he or she becomes a lender. As a lender, the seller is now in Read More > ...

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Commercial Leases – The Right to Assign or Sublet, a Potential Trap for the Unwary Tenant

Commercial leases tend to be negotiated for long periods of time (10 or 15 year leases are not uncommon), especially if the tenant is making significant Read More > ...

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Creditor Victory in Collection against California Guarantor

In a case of first impression California, the Court held that the creditor can attach to the proceeds of the sale of property even if the Read More > ...

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More Risk for Junior Lienholders – Understanding Subordination Agreements

Junior Lienholders are by their very nature assuming greater risk because they are not in first position.  In the case of R.E. Loans LLC v. Investors Read More > ...

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Court Keeps it Difficult to Take Property By Adverse Possession

Recently there has been a lot of interest in adverse possession claims from the firm’s clients.  From a television interview with one of our attorneys to Read More > ...

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Fair is Fair for Competing Lien Holders

On September 27, 2011, the California Court of Appeal held that a holder of a second deed of trust was entitled be a first position lien Read More > ...

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Can You Really Get Those Attorney Fees?

One of the key considerations in any real estate purchase dispute is the attorney fees provision. Given the expense of litigation, many times, the attorney’s fee Read More > ...

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Kickbacks, Commission Splits & Loan Fees, Oh My!

The U.S. Supreme Court Finds Mortgage Loan Fees Were Not a Violation of RESPA. Anyone who has ever obtained a residential loan or mortgage is familiar Read More > ...

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Preparing Your Disclosures When you Sell Your House

Check out this animated video discusses what to look out for while preparing  your disclosure documents when selling your property. Video Script CLIENT:                 We have decided Read More > ...

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Tenant Considerations in a Commercial Lease

Commercial leases generally have many more complexities than the average residential lease, and are oftentimes involve and require significant negotiation.  This article will look at a Read More > ...

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