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
Landlord’s Must Disclose if a CASp Report Exists Civil Code Section 1938 requires commercial landlords to state in every lease executed on or after July 1, 2013, whether the property being leased has been inspected by a Certified Access Specialist (CASp) (Civil Code §1938
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
Insurer Does Not Have a Duty to Defend for Accidentally Trimming Neighbors Tree
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
Free Real Estate Forms!!
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.
The down payment made by one co-tenant (co-owner) of Real Property is reimbursable to the person who paid it.
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
Air BNB Update on Short Term Rental in the Los Angeles Area
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
Court may NOT order answer only after denying a motion to quash service
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
Commission Splits & Finder’s Fees as RESPA Violations!
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
Free Real Estate Forms from Chicago Title!
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
Revocable Transfer-On-Death Deeds (aka Lady Bird Deed) New Since 2016! (Probate Code §5642)
This 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)