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A recent unpublished decision in the California Court of Appeal should be a wake up call to property owners who claim that they occupy their home when in fact they rent it out.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 […]
Commercial and Industrial Common Interest Developments Treated Differently From Residential Developments
Recently, the California Legislature enacted SB 752, entitled “Commercial and Industrial Common Interest Developments.” Effective January 1, 2014, commercial and industrial common interest developments are treated differently from residential CIDs. Prior to 2014, commercial and industrial CIDs were treated the same as residential CIDs under the Davis-Stirling Act. Although many of the provisions in the […]
HOA Board Has Authority to Limit Rules for the Election of Directors
Recently, a California court found that a HOA (also known as a homeowner’s association) has the authority to adopt election rules for the election of directors when the rule is reasonable and does not conflict with the HOA’s governing documents. This is an important decision that establishes how HOAs can govern elections. A copy of Friars […]