What Happens When a Co-Owner Wants to Sell
The right of one owner to sell real estate owned with partners is nearly absolute under California law. It does not even require a majority of the partners to agree to sell. As long as one owner wants to sell and that owner files a partition lawsuit, the real estate could be sold. Often times […]
Is a New Condo Conversion Unit Still Regulated by the Los Angeles Rent Stabilization Ordinance?
In an interesting but limited decision, the California Court of Appeals was required to review whether an apartment building that was converted to condominiums in 2009 but still left the existing tenants in the units still fell within the Los Angeles Rent Stabilization Ordinance (“LARSO”). The Court found that even if a new certificate of […]
What is a Lis Pendens?
A Lis Pendens, also known as a “Notice of Pendency of Action” can be recorded on real estate through the County Recorder’s office. The purpose of a Lis Pendens is to provide “constructive notice” to a subsequent buyer, claimant, or anyone who has encumbered the real estate that there is a legal action that may […]
Newport Beach Seeks Supreme Court Review on Sober Living Home Ordinance
In a prior blog post I had written about Newport Beach’s Ordinance that was meant to regulate the location and number of sober living homes in the City. Recently, Newport Beach has decided that to ask the U.S. Supreme Court to review the 9th Circuit Court’s decision that found Newport Beach’s ordinance to be discriminatory. […]
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 […]