[vc_row][vc_column width=”1/1″][vc_column_text]As one residential landlord recently discovered, it can be very costly to violate rent control ordinances, especially when there are unhappy tenants.[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)
[vc_row][vc_column width=”1/1″][vc_column_text]The Fourth Appellate District Court of Appeal recently held that an arbitration agreement that was recorded as part of the initial CC&Rs in a condominium development was unenforceable. The agreement, recorded before any of the units were sold, was not a true agreement, and was not binding, despite having been recorded with the CC&Rs.[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)
[vc_row][vc_column width=”1/1″][vc_column_text]We have written many times about the impact of a contractor working without a license. But there is a similar law requiring that real estate agents be licensed as well. And while an unlicensed contractor may not collect for any work performed, the rule seems more relaxed with regard to real estate agents and brokers, at least with regard to collecting for property management work.[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)
[vc_row][vc_column width=”1/1″][vc_column_text]We have written several times about the impact of California’s unlicensed contractor disgorgement law – Business and Professions Code section 7031(b). The Ninth Circuit Court of Appeal, reviewing a bankruptcy matter, recently held that a judgment for disgorgement is dischargeable in bankruptcy.[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)
[vc_row][vc_column width=”1/1″][vc_column_text]When is a deposit to escrow in a residential real property transaction non-refundable? In early February, the Fourth Appellate District Court weighed in on this subject.[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)
[vc_row][vc_column width=”1/1″][vc_column_text]The Sixth Appellate District Court recently held that a home purchaser’s receipt of his deed constitutes “actual notice” of the conditions of title to the property even if the buyer does not read the deed. That actual notice starts the statute of limitations for any claims based upon title to the property.[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)
[vc_row][vc_column width=”1/1″][vc_column_text]The law regarding unlicensed contractors has undergone significant change recently. This month we report on a recent appellate decision holding that an unlicensed contractor must disgorge all money received for the unlicensed work, without offset for costs incurred and without regard to the value of goods and services provided.[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)
[vc_row][vc_column width=”1/1″][vc_column_text]The law of equitable easements has changed, and the impact may be substantial.[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)
[vc_row][vc_column width=”1/1″][vc_column_text]A real estate brokers’ license may be suspended or revoked by the Department of Real Estate based upon the broker’s conviction of a crime that is “substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued.” In this issue, we discuss what is “substantially related.”[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)
[vc_row][vc_column width=”1/1″][vc_column_text]California’s Insurance Commissioner recently identified worker’s compensation fraud as a pervasive problem in the construction industry. But the risks of worker’s compensation fraud have increased substantially, and the practice may be curtailed significantly.[/vc_column_text][thb_gap height=”20″][vc_column_text] (more…)