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.
R.E.A.C.H. April 2010: Contractor Disgorgement Judgment May Be Dischargeable in Bankruptcy
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.
R.E.A.C.H. February 2010: Non-Refundable Escrow Deposits
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.
The Complications of Overtime Exemption Laws in a Service Economy
“Hello, I’m Ronald Reagan speaking for General Electric. At General Electric, you know, ‘progress is our most important product.’ But, all progress must have a starting point.
R.E.A.C.H. January 2010: Presumed Notice of Title Conditions
The Sixth Appellate District Court recently held that a home purchaser’s receipt of his deed constitutes “actual notice” of the conditions of title to the property even if the buyer does not read the deed. That actual notice starts the statute of limitations for any claims based upon title to the property.