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 […]
What is the Ellis Act?
The Ellis Act is a California law that allows landlords to get out of the rental business by taking their rental units off the market. The Ellis Act prohibits local governments from requiring a landlord to continue to rent apartment units, although local governments could enact regulations to control how landlords do so. Generally, the […]
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 […]
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. […]
Do I Need to Mediate My Dispute?
There are many times when a real estate contract is in dispute. Parties think that the only way to resolve their dispute will be through the courts and litigation; however, many real estate contracts require mediation in order for a prevailing party to recover attorneys’ fees. It is important for parties to recognize this requirement […]
Investing in Real Estate With a Partner
You have found a perfect property but you realize you need a partner to close a deal. Choosing to have a partner can be for a variety of reasons. It helps to shoulder some start-up costs, helps to offset the risk of the investment, you may not need to put as much money upfront, and […]
