Probate, Inheritances, and Property Taxes
The title to the article sums up USA Today’s article Divorce, Death, and Donald Sterling’s Boyhood Home. The article describes several properties in Boyle Heights still owned by Donald Sterling’s deceased mother and grandmother. In California, property taxes are determined by “assessed value,” which is derived from the fair market value of a property at the time […]
Legal Issues with Short Term Rentals
The City of Glendale has recently enacted a noise ordinance that targets properties that require police responses due to loud music and other nuisances. Glendale’s ordinance creates a series of fines after the police respond to loud music or nuisance complaints. The Glendale News Press reports that the City of Glendale has already began to […]
Real Estate Salesperson Owes Same Duty to Buyer and Seller When Broker Represents Both
A recent California decision found that a real estate salesperson representing a buyer or seller has the same duty as the broker who represents both the buyer and seller. This could happen when a broker represents both the buyer and seller but two separate salespersons actually represent the buyer and seller. In this case, both […]
April is Fair Housing Month
April is Fair Housing Month, so I will be writing a few articles on how Federal and California fair housing laws apply to landlords, real estate brokers, property managers and other real estate professionals who lease property. The Federal Fair Housing Act prohibits unlawful discrimination based upon a tenant or potential tenant’s race, color, national […]
Right to Repair Act Requires Notice to Builder Prior to Repairs
A recent California court found that under the Right to Repair Act (Civil Code Section 895 et seq.), a homeowner must provide notice of the construction defects to the home builder prior to doing any repair work subject to the Right to Repair Act. KB Homes v. Superior Court of Los Angeles County provides further clarification on the […]
Home Builder Contract Requirements to Bring a Lawsuit Upheld
Recently, a California court upheld a home builder contract that required a homeowner to provide notice to the builder of a construction defect claim, gave the right for the builder to inspect and fix the construction defect, and required a nonbinding mediation prior to bringing a lawsuit. The McAffrey Group, Inc. v. Superior Court is an important decision […]
Transfer Disclosure Statement Required for Mixed Use Properties With Four or Fewer Residential Units
A recent California decision found that a Transfer Disclosure Statement that is required on all sales of properties with four or fewer residential units also applies to a mixed use property that has four or fewer residential units. Richman v. Hartley provides further guidance when a Transfer Disclosure Statement is required for the sale of real estate. […]
How Renting Rooms Can Affect Your Insurance Policy
A recent unpublished decision in the California Court of Appeal should be a wake up call to property owners who claim that they occupy their home when in fact they rent it out. As a result of lying on an insurance application, the home owner in Lopez v. Allstate Insurance Co. was not covered by his insurance […]
Party Hosts Can Be Held Liable for Drunk Guests’ Acts When They Charge Admission to Party
The California Supreme Court recently interpreted and expanded California law to impose liability on a party host for a drunk guest that caused a motor vehicle accident when the party host charged admission to the party. Ennabe v. Manosa has important implications for liability of party hosts, property owners, and parents of minors. In California, owners […]
Los Angeles Tenants Could Pay Part of Earthquake Retrofit
Recently, a Los Angeles City Councilman has raised the possibility of having tenants subject to the Los Angeles Rent Stabilization Ordinance pay for earthquake retrofitting of apartment buildings. Currently, under the Los Angeles Rent Stabilization Ordinance a landlord can raise pass 50% of the costs of capital improvements to tenants. However, the Los Angeles City […]