California Supreme Court Adopts New Rule Related Timing of Service of a Notice to Quit Today’s case involves adventures in grammar, general real estate shenanigans, and a very simple lesson: don’t put the cart before the horse. The background: Westlake Village Property (WVP) leased a nursing facility (get the title now? Eh?) to Westlake Health… CONTINUE
Keller Williams Realty Is Sued Over Robocalls
The phone rings. You pick up. “Hello?” Silence that lasts just a little too long. You recognize it. It’s the lag between you answering the call and a computer connecting you to a prerecorded message. So what do you do? Click. You hang up. Robocalls. They’re like telemarketers on steroids. In 2018, an estimated 47… CONTINUE
Picky, Picky, Picky – Traps in a TDS?
We were recently involved in a case where a $73,000 dollar purchase deposit was forfeited when a Buyer backed out of a deal after waiving all contingencies. Or at least the Seller thought so. Turns out that the Buyer had a smart (or a smart alecky) lawyer, who came up with this … novel …… CONTINUE
Real Estate “Commissions” and Multiple Listing Services Under Attack? A Shot Across the Bow.
Love them, or hate them, real estate commissions are a mainstay of life in the industry. (Just try to say “flat fee” or “hourly fee” and listen to the crickets.) And, of course, real estate commissions are always “negotiable.” And, since they are only paid when the deal is done, they are paid out of… CONTINUE
Stairway to Heaven ? Or Hell ?
There’s a lady who’s sure All that glitters is gold And she’s buying a stairway to heaven… Today’s a doozy, folks. Mortal peril! Revenge! Forbidden love! … well, okay. Two out of three. Strap in. In 2009, real estate agent Pinda Hall showed two prospective buyers around a Lafayette home owned by Aurora Loan Services,… CONTINUE
On The Fence
You’ve just bought a house in a great little neighborhood. Street full of restaurants with cuisine from Albania to Zimbabwe, gym around the corner, more indie coffee shops than you can shake a vegan, gluten-free stick at. Eminently rentable. You go out to the garden and notice the fence, which you’d overlooked before for the… CONTINUE
Trebling Trouble With Trees
Welcome to #WarStoryWednesdays. In this edition, San Francisco real estate and insurance bad faith trial attorney Christopher Hanson discusses the trebling trouble with trees. As humans, we learn from stories. The War Story Wednesday videos and accompanying book “War Story Wednesdays: A Trial Lawyer’s Tales from the Trenches” are stories based upon actual cases decided… CONTINUE
Dual Agency Fiduciary Duty
Welcome to #WarStoryWednesdays. In this edition, San Francisco real estate and insurance bad faith trial attorney Christopher Hanson explains the concept of dual agency, and how fiduciary duty extends to both buyer and seller. Horiike v. Coldwell Banker Residential Brokerage Company (2016) 1 Cal.5th 1024. As humans, we learn from stories. Our War Story Wednesday… CONTINUE
A Study in Scams: Real Estate Edition
There’s a new property on the market. It needs a little work, but it’s on sale for a bargain price. The seller inherited the deed after his mom died, it’s all very sad, he just wants the place off his hands, so you happily oblige him – and the timing is perfect, because your partner… CONTINUE
Do the REIT Thing
You might think this budding industry is grand. You might think it’s a half-baked idea at best. Regardless, it’s here to stay. IIP, the only real estate company on the NYSE focusing on U.S. cannabis ventures, owns over a million rentable square feet spread out over 11 states, with 100% of the land leased with… CONTINUE
Breaking Up Is(n’t) Hard to Do
What happens when you’ve inherited property with your Meth-head brother; or now have discovered that the girlfriend you bought the house with – really was from Hell? Neither will voluntarily sell the property, split the profits and move on. Are you stuck? Nope. “The Law” has your back on this one. Calif Civil Code §… CONTINUE
The Freshman 50
Back in March, federal investigators blew the lid wide open on a fraud scheme perpetrated by a group of 50 high-profile parents who traded cash for their kids to get guaranteed places in some of the country’s top colleges. If you’re involved in California commercial real estate, your stomach might’ve dropped when you read the… CONTINUE
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