Category: Real Estate Law

Recreational Pot In 2018: High-Times Or A Buzz-Kill For California Real Estate?

California is set to roll out new guidelines implementing the voter-mandated legalization of recreational marijuana use and production in January of 2018.  At the same time, Read More > ...

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Nuisance Law Blog Series

It is incredibly important to stay aware of remedies that are available to you in case you are experiencing nuisance from your neighbor. Here you can Read More > ...

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Broker Beware! How to NOT Lose a $925,000 Commission!

A recent case confirmed our oft-repeated advice to get it in writing.  In Westside Estate Agency, Inc. v. James Randall, a broker learned this rule the Read More > ...

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Court Finds Listing Agent Can Fight Multiple Owners For Her Commission

Recently, the Sixth District Court of Appeals overturned a state trial court order that originally invalidated a listing broker’s claim against multiple sellers of a vacant parcel Read More > ...

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Two Proposed Assembly Bills Could Change the Commercial Real Estate Landscape

Prompted by the 2016 landmark ruling in the California Supreme Court Case Horiike v. Coldwell Banker, California Assembly members have introduced Assembly Bill 1059 (“AB 1059”) Read More > ...

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Sublease Considerations for Commercial Tenant

Commercial subleases can be good bargain options for tenants, but there are certain risks involved.  This article is intended to assist tenants in identifying these risks Read More > ...

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Court Limits a Tenant’s Ability to Challenge an Unlawful Detainer Action

Sofia Borsuk (“Borsuk”) was a tenant at LA Hillcreste Apartments in Los Angeles.  In March, 2015, LA Hillcreste served Borsuk with a 3-day notice to pay Read More > ...

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Seller is Refusing to Close Escrow? Know Your Options

If you’ve recently purchased a home, or are looking to buy, you know how tough the market is.  The competition is intense, with there being more Read More > ...

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Supreme Court Upholds Controversial San Jose Affordable Housing Ordinance

The Bay Area is known worldwide for a multitude of things, including being the hub of technological advancements, cultural diversity, and championship sports teams.  One of Read More > ...

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Court Denies a Landlord’s Ability to Change House Rules in San Francisco

Margaret Foster (“Foster”) lived in the same apartment in San Francisco for more than 40 years.  In 2011, her building was bought by W.J. Britton & Read More > ...

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Important Water Considerations for After El Niño

As predicted, El Niño arrived in California and brought some much needed precipitation with it.  This past winter brought the most rain California has had in Read More > ...

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Committee Offers Hope for Relief from Airplane Noise to Bay Area Residents

Beginning in early 2015, the Federal Aviation Administration (“FAA”) introduced a new program, NextGen, which rerouted flight paths in the South Bay and Peninsula in an Read More > ...

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Airbnb Rental Held to Constitute an Illegal Use of Property

AirBNB (and similar rental sites) have been omnipresent in the news for the last few years.  Controversy has arisen in many cities as regulations and restrictions Read More > ...

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Court Holds That Landlord is Not Allowed to Evict a Tenant for an Immaterial Breach of the Lease

Juan Juarez (“Tenant”) lived in a rent-controlled apartment complex owned by Boston LLC (“Landlord”) for more than 15 years.  Although his lease required him to obtain Read More > ...

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Court Finds that a Borrower May Sue for Wrongful Foreclosure Regardless of Ability to Repay Loan

In June 2005, Monica Sciarratta (“Borrower”) obtained a loan in the amount of $620,000 from Washington Mutual Bank.  In April 2009, Chase Bank (“Chase”), the servicer Read More > ...

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Be a “HERO”: Remember to Disclose This Silent Lien

Since 2001, California has had PACE programs available throughout the state.  One of the most well known is the “HERO” program, the Home Energy Retrofit Opportunity Read More > ...

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Rent-to-Buy Real Estate: Can a Seller File Unlawful Detainer After a Default?

The recent case of Taylor v. Nu Digital Marketing, Inc. discusses the issue of when it is appropriate for a seller to regain possession of a Read More > ...

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Court Clarifies that an Eviction is not a Protected Activity

Monira Ulkarim, a tenant in a shopping mall, had a year-long lease with her landlord, Westfield.  In the middle of the tenancy, the landlord served Ulkarim Read More > ...

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Investment Property Blog Series

The Law Offices of Peter N. Brewer put together an “Investment Property Blog Series.” We hope you find the information in this series to be informative Read More > ...

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Actual Property Damage Required to Obtain Attorney Fee Award in Trespass Action

The recent case of Belle Terre Ranch, Inc. v. Wilson clarified that in order to recover attorney fees in a trespass on land for “cultivation” or Read More > ...

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HOAs May Not Reject Partial Payments on Assessment Liens in Order to Prosecute Foreclosure

The recent case of Huntington v. Miller confirmed again that a HOAs must accept partial payments and are limited in their ability to foreclose on an Read More > ...

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Damage Caused by City-Owned Tree May Allow for Recovery Under Inverse Condemnation

The recent case of City of Pasadena v. Superior Court dealt with a situation whereby a city-owned tree fell on a private residence during a windstorm, Read More > ...

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5 Things to Consider Before Building a Pool

As the heat of the summer continues across California, and temperatures start to creep into the triple digits, having a pool around sounds like a pretty swell option. Read More > ...

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Legal Notice of a Lis Pendens Requires Mailing to All Owners on the Tax Assessor’s Roll

In 2001, John Carr (“Carr”) claimed adverse possession of a vacant lot (the “Property”) in Riverside. The owner of record was a decedent’s estate in probate. Read More > ...

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Real Estate Law Considerations for Fallen Leaves

Some Californians believe that California does not exhibit autumn colors. That is because most of the population lives near a coast, where Mediterranean plants dominate the terrain. However, Read More > ...

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Are Short Term Rentals for You?

Short term rentals are becoming big business, and California and the Bay Area are no exception.  Companies such as Airbnb and VRBO have grown to become Read More > ...

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Court Affirms that Res Judicata Applies to Stipulated Judgments in Unlawful Detainer Actions

In April of 2008, Jeffrey Needelman (“Tenant”) entered into a lease agreement with DeWolf Realty Co., Inc. (“Landlord”) for an apartment in San Francisco.  After the Read More > ...

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Court Helps Lender After Mistakes Are Made

Over three years, Navjot LLC obtained three loans secured by the same piece of property.  The first was in 2005 from Washington Mutual.  The second was Read More > ...

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$900K Judgment Against Supervising Broker Dischargeable in Bankruptcy Despite Agent’s Fraud.

In a lengthy and well-reasoned opinion, the 9th Cir. Bankruptcy Appellate Panel concluded that where the broker was unaware of the agent’s fraud, the state court Read More > ...

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Neighbor Issues Blog Series

The attorneys at the Law Offices of Peter N. Brewer have handled many disputes that arose between neighbors with respect to trees. In an effort to educate Read More > ...

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Court Again Punishes Dual Agents

We have previously stressed to real estate professionals, in our blog articles and in many of our speaking engagements, that dual agency is a very risky Read More > ...

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Courts Give Landlord Relief From Rent Control Ordinances

Lakeesha Lyles (“Lyles”) was a tenant living in a rent controlled apartment in Los Angeles since 2003.  Her landlord, Denise Sengadeo-Patel (“Patel”), failed to send her Read More > ...

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Buying Properties In Bankruptcy – Some Tips For Investors

What if you find the perfect house but the owner-seller is in bankruptcy? Sometimes it can be challenging to navigate the bankruptcy system and understand who Read More > ...

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Buying Into an HOA, Part 2

Buying a new home can be an overwhelming process. The amount of paperwork is staggering. When buying property that is part of a homeowners’ association (HOA), Read More > ...

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Court Finds that Notices of Rent Increase Are Not Necessary for Resident Property Managers

Ceceilia Drumea (“Drumea”) was the resident property manager at an apartment building in Los Angeles for 18 years.  Prior to serving as the property manager, she Read More > ...

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Are Mortgage Loan Officers Entitled to Overtime Pay?

The answer is … maybe.  At one point the industry had some certainty on this issue when, in 2006, the Department of Labor (DOL) issued an Read More > ...

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Real Estate Case Update Blog Series

The attorneys at the Law Offices of Peter N. Brewer put together a “Real Estate Case Update Blog Series.” We hope that the information you find Read More > ...

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Court Sanctions Buyer for Filing Frivolous Failure to Disclose Action

The recent case of Peake v. Underwood will hopefully deter frivolous claims against real estate agents. Peake purchased a home from Underwood.  Long after the sale Read More > ...

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So you Want to be a Landlord

For many people, their first experience with becoming a landlord is a bit of an accident.  They buy a new house and decide to lease out Read More > ...

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Realtor Liability Blog Series

Law Offices of Peter N. Brewer put together a “Realtor Liability Blog Series.” We hope you find the information in this series to be informative as Read More > ...

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Court Affirms that Liability for Failure to Disclose Requires Relationship

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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Buying Into an HOA, Part 1

Buying a new home can be an overwhelming process. The amount of paperwork is staggering. When buying property that is part of a homeowners’ association (HOA), Read More > ...

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Court Gives a Double Win to Borrowers

Vidal Preciado was the owner of a residential property in Alviso, California where he lived with two roommates.  In July 2011, the Bank of New York Read More > ...

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Three Things to Look For in Your HOA Docs

When buyers receive their disclosures it is often a huge volume of documents and even more so if the buyer is purchasing a condominium, townhouse, or Read More > ...

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Loan Modification Blog Series

Have you experienced difficulties when applying for a loan modification? Check out our new blog series! The articles written by our knowledgeable and experienced attorneys will Read More > ...

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Court Clarifies Transfer Disclosure Law for Mixed-Use Property

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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Anti-Deficiency Statutes Prevent Claims of Fraud for Purchase Money Loans

In November 2013, in Heritage Pacific Financial, LLC v. Montano, the Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) held that the one-action rule prevents a Read More > ...

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Commercial Leases Blog Series

The attorneys at the Law Offices of Peter N. Brewer put together a Commercial Leases Blog Series. Whether you are a tenant or a landlord, we Read More > ...

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Adverse Possession Blog Series

The attorneys at the Law Offices of Peter N. Brewer have many inquiries pertaining to the adverse possession problem. As we know that it is a Read More > ...

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New Lending Laws: Seller Carry Backs and the Truth-in-Lending-Act. What Sellers Need to Know in 2014 About Extending Credit.

As the California Bureau of Real Estate notes, “’Carry backs’ by sellers are evidenced by promissory notes secured by deeds of trust or mortgages recorded in Read More > ...

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