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Real Estate Case Update Blog Series

Legal Update and Real Estate Law

The attorneys at Brewer Offord & Pedersen LLP put together a “Real Estate Case Update Blog Series.” We hope that the information you find here will be relevant for you as it covers a wide spectrum of common real estate related issues. Our knowledgeable and seasoned attorneys also have extensive experience in litigation, representing their clients in various real estate matters in California. If you or a friend is seeking real estate legal counsel, don’t hesitate to contact our office at (650) 327- 2900 x 10 or on the web at www.BrewerFirm.com

 

By: Simon Offord, Esq. (Click image for bio)

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 for property sales.

Richman v. Hartley dealt with the sale of a mixed-use property in Ventura, California.  The property was…

 

By: Julia M. Wei, Esq. (Click image for bio)

$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 judgment against the broker was dischargeable and the broker was entitled to a “fresh start” after his bankruptcy.

WHY THIS IS IMPORTANT: This is a significant victory for real estate and mortgage brokers because…

 

By: Henry Chuang, Esq. (Click image for bio)

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 Mellon (“BNYM”), holder of a loan secured against Preciado’s property, foreclosed on the loan.  At the foreclosure sale BNYM acquired the property and then began…

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 in 2006 from a group of investors led by MMB First Mortgage Fund, LP.  The third was in 2007 from Elbert Branscomb.  The loans were for $5.1 million, $1.1 million, and for $500,000.  In late 2007, after Navjot received the Branscomb loan, Navjot refinanced the first two loans from WaMu and MMB and secured the new loans with new deeds of trust.  However, …

Latest Posts

Real Estate Contracts & Transactions

Out of Contract? Not So Fast…

by Adam Pedersen, Esq. on August 28, 2018

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 “out of contract”, you might want to be sure the contract is actually cancelled! [Read More]

Landlord & Tenant Law

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

by Lorena Roel, Esq. on September 20, 2018

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, the tenant may not have enough money to pay rent and the landlord serves [Read More]

Real Estate Contracts & Transactions

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

by Simon Offord, Esq. on October 2, 2018

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 have a right to back out of a contract and receive their full deposit [Read More]