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.
The law regarding unlicensed contractors has undergone significant change recently. This month we report on a recent appellate decision holding that an unlicensed contractor must disgorge all money received for the unlicensed work, without offset for costs incurred and without regard to the value of goods and services provided.
The law of equitable easements has changed, and the impact may be substantial.
A real estate brokers’ license may be suspended or revoked by the Department of Real Estate based upon the broker’s conviction of a crime that is “substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued.” In this issue, we discuss what is “substantially related.”
California’s Insurance Commissioner recently identified worker’s compensation fraud as a pervasive problem in the construction industry. But the risks of worker’s compensation fraud have increased substantially, and the practice may be curtailed significantly.
The court of appeal has held that an arbitration is not an “action” that will support the recording of a lis pendens on title to real property.
The California Supreme Court decided a case with far‐reaching implications in the construction industry, holding that a contractor unlicensed for even a small portion of a large job cannot get paid for any part of that job. The decision may have national impact.
THIS ISSUE: In September 2007, we reported on a court of appeal decision holding that an option purchase agreement in a residential lease was unenforceable because it was too uncertain. Recently, however, the California Supreme Court has reversed that decision, finding that even though the option was not perfect, it was nevertheless sufficiently certain to be enforced.
THIS ISSUE: Commercial property tenant improvements can be costly. In an economic environment where tenants may be financially uncertain, can property owners protect themselves from mechanic’s liens relating to those tenant improvements?
THIS ISSUE: Typically, courts do not interpret an easement as an “exclusive use” right in land, since such a use would preclude all others – including the owner of the land – from using it. But one recent case held that the clear language of a granted easement created just such an exclusive use right, entitling the easement holders to use the land without interference of any kind from anyone, including the fee owners of the land.