Here is a summary of some of the larger new real estate oriented laws for 2019.
The Court held that a broker must disclose that the seller’s neighbor told him he planned to remodel and his remodeled house would overlook the seller’s pool and interfere with the view. This case case also found expert broker testimony is not always necessary to find breach of a broker’s duty care. The Court stated
January 1, 2017, Civil Code § 1938 was expanded to require:
A Certified Access Specialist (CASp) report can reduce the minimum statutory damages and allow for a stay of the lawsuit pending a mediation session with the court. Effective January 1, 2017, revised Code Section 1938 also requires:
A homeowner’s liability insurer does not have duty to defend a lawsuit after the insured intentionally pruned trees on another’s property without permission. The intentional act of hiring a contractor to prune is not an “accident” within the meaning of the policy’s coverage provision, even if the insured mistakenly believed the trees were on the
Here is your gift from the Google University School of Law courtesy of Chicago Title. Free real estate forms!!!!
https://www.chicagotitleconnection.com/documentforms.htm
Deeds, Affidavits, Deeds of Trusts, Promissory Notes, Homestead, Non Responsibility, Preliminary Change of Ownership, Reassessment Exclusion, and much more.
Looking at the CCP about Partition and the equitable powers of the court, the person paying the down payment should be reimbursed what they paid for the down payment before any distribution of the proceeds. In re Marriage of Leversee (1984) 156 Cal. App. 3d 891 involved a married couple who prior to marriage purchased
City of Los Angeles: Technically, short term rentals are currently illegal in Los Angeles. ( (Chen vs. Kraft (2016) LA is slow moving but in April 2018 the City Counsel committee approved a measure to allow short term rentals but CAP the number of days that a primary residence can be rented out to
In denying a motion to quash an unlawful detainer summons, the trial court may not restrict a defendant’s responsive pleading to an answer. Van Butenschoen v. Flaker; Superior Court of California, County of Los Angeles – filed Oct. 16, 2017 Cite as 2017 S.O.S. 5258 Full text click here
This makes complete sense because the
California law allows commission splits and finders fees to be paid, but under the Federal Real Estate Settlement procedures Act (RESPA) they may not be legal. If your seller or buyer wants you to split the broker’s commission with them, that may not be legal unless the seller/buyer is also a real estate licensee. A
I love Chicago Title (even if it and many other title companies are all owned by the same conglomerate Fidelity Title!). Here is a link for many basic real property related forms. http://www.chicagotitlela.com/blank_documents.html
Don’t forget, its not the form, but what you put in the form that counts. So hire a lawyer! And if you