Archive for category: REACH

When does a lease grant a tenant the perpetual right to renew? The California Court of Appeal recently dealt with that issue in Ginsberg v. Gamson. It is a cautionary tale for those drafting leases, where the misplacement of a few words can lead to unintended results.

The California Mechanic’s Lien Laws have changed yet again in material ways. One of those changes is the new requirement that mechanic’s liens must be served upon the owner, with a statutory notice regarding the impact of mechanic’s liens.

What level of proof is required before a real estate broker can be disciplined for his fraudulent conduct in acting as a broker? And what is the process for agent and broker discipline?

Can a real estate sales person be held liable for the failure to inform potential buyers that the debt on a property exceeds the proposed sales price?

With all of the recent rain, hillsides have been moving, houses slipping, and retaining walls failing. Who is liable for the damage?

As one residential landlord recently discovered, it can be very costly to violate rent control ordinances, especially when there are unhappy tenants.

The Fourth Appellate District Court of Appeal recently held that an arbitration agreement that was recorded as part of the initial CC&Rs in a condominium development was unenforceable. The agreement, recorded before any of the units were sold, was not a true agreement, and was not binding, despite having been recorded with the CC&Rs.

We have written many times about the impact of a contractor working without a license. But there is a similar law requiring that real estate agents be licensed as well. And while an unlicensed contractor may not collect for any work performed, the rule seems more relaxed with regard to real estate agents and brokers, at least with regard to collecting for property management work.

We have written several times about the impact of California’s unlicensed contractor disgorgement law – Business and Professions Code section 7031(b). The Ninth Circuit Court of Appeal, reviewing a bankruptcy matter, recently held that a judgment for disgorgement is dischargeable in bankruptcy.

When is a deposit to escrow in a residential real property transaction non-refundable? In early February, the Fourth Appellate District Court weighed in on this subject.