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 commercial property lessor shall state on

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

respa-3California 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

Chicago TitleI 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

transfer on death deedThis provides a simple way to transfer California real estate at death without having to go through California probate.  (Probate Code §5600, et seq.)  The way to look at this is it is a “Transfer-On-Death Deed ” NOT a transfer during life deed.  It only applies to residential properties and must be promptly recorded after it is notarized.  This document is exempt from documentary transfer tax under Rev. & Tax. Code §11930. This document is exempt from preliminary change of ownership report under Rev. & Tax. Code §480.3.

For the specific requirements and a sample, click here:
Continue Reading Revocable Transfer-On-Death Deeds (aka Lady Bird Deed) New Since 2016! (Probate Code §5642)

Contract

A common question is how to count the days referred to in the Real Estate Purchase Agreement and related CAR (Calif. Assoc. of Real Estate) forms.  In October 2016 CAR published a concise article on this in their magazine.  In essence the CAR attorneys confirmed that every day counts, even holidays, but if the last day is a weekend or holiday, then the next business day would be the last day.  That confirms with Code of Civil Procedure §12.  More specific examples how to apply this are as follows and are in this great article and summarized below.  See page 10 at http://www.onlinedigitalpubs.com/publication/?i=341167#{%22issue_id%22:341167,%22page%22:10}


Continue Reading Counting Days and Loopholes in CAR Real Estate Purchase Agreement Forms