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?
“Love and Other Drugs” in Real Life
In the recent movie “Love and Other Drugs,” the rakish, underachieving lead character Jamie (Jake Gyllenhaal), gets a job as a pharmaceutical sales representative (PSR) on his way to a complicated romance with Maggie (Anne Hathaway). At a family dinner, Gyllenhaal’s messy, overweight but very business-savvy brother, played by Broadway’s current darling Josh Gad, explains the appeal of his brother’s job to their parents, played by George Segal and Jill Clayburgh. As Gad explains to them, PSR positions are the only entry-level jobs in America that can pay “a hundred grand a year.” (And there was no mention of overtime pay in the movie dialogue!)
Landslide Liability Issues
With all of the recent rain in California, hillsides have been moving, houses slipping, and retaining walls failing. Who is liable for the damage?
IP Update
This IP Update highlights a case now pending before the United States Supreme Court concerning patent ownership rights as between inventors, private industry and the government in inventions developed using governmental grants. The outcome of the Court’s ruling in this case may dramatically impact how companies handle, and contractually address, such development in the future.
R.E.A.C.H. March 2011: Residential Sales – Debt Disclosure
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?
R.E.A.C.H. January 2011: Landslide Liability Issues
With all of the recent rain, hillsides have been moving, houses slipping, and retaining walls failing. Who is liable for the damage?
Season’s Greetings and Legal Challenges
As the holiday season approaches and employers eye their workloads and business days remaining in the year, many consider asking (or even requiring) some employees to work on a company-designated holiday.
R.E.A.C.H. October 2010: A Cautionary Tale for Landlords: Don’t Do Dumb Things
As one residential landlord recently discovered, it can be very costly to violate rent control ordinances, especially when there are unhappy tenants.
R.E.A.C.H. August 2010: Developer Cannot Enter Into Arbitration Agreement With Himself
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.
R.E.A.C.H. June 2010: Property Managers May Collect for Some Unlicensed Work
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.