We have received a lot of questions about the state of unlawful detainer (evictions) proceedings in California. A previous blog addressed Governor Newsom’s order about bringing post-COVID-19 unlawful detainer actions. That post described the order as setting a minimum standard for commencing unlawful detainer actions. It also stated that stricter measures could be imposed by […]
Before COVID-19 hit, most people couldn’t tell you the definition of a force majeure clause. Simply put, a force majeure clause excuses a party from performing under a contract, if their performance becomes implausible or impractical, because of some unforeseen or unanticipated event. These uncontrollable events are also known as “Acts of God”. Parties often […]
The Covid-19 coronavirus pandemic has caused Realtors to quickly pivot and adapt the way they do business. Specifically, agents have been forced to rethink how they show real estate. Showings were halted after the issuance of Governor Newsom’s March 20, 2020, stay at home order – sending the real estate industry into a tailspin. The […]
With the beginning of another week living “Safer at Home”, the California Association of Realtors (“CAR”) released the “Coronavirus Addendum or Amendment” (CVA). This is an update to the Coronavirus Addendum/Amendment released last week. CAR also released a companion document entitled “Notice of Unforeseen Coronavirus Circumstances” (“NUCC”). Recently, we discussed the CVA and addressed its […]
Over the course of the last two weeks, our lives have drastically changed. The emergence of the worldwide Coronavirus pandemic has created uncertainty in the economy not seen in years. It was inevitable that this uncertainty would present itself in the real estate industry. Like most brokerages, we have seen our share of listings canceled, […]
If you ask the Buyer or Seller in most real estate transactions to define an Earnest Money Deposit (EMD), they will likely describe it as a down payment put toward the purchase of a property. While an EMD may eventually be applied to the purchase price of a home, its true purpose is something entirely different. In short, an EMD shows […]
When purchasing any real property, one must not ignore the importance of how the property is titled. Many will simply check the box next to the form of title they hear the most, without really knowing what it means. However, the way title is held may have consequences several years down the road and could […]
A Broker’s duty to a buyer was forever changed in 1984 with the case of Easton v. Stassburger, 152 Cal.App.3d 90(1984). The ruling in Easton stated that Brokers had an affirmative duty to conduct a “reasonably competent and diligent inspection of residential real property listed for sale and to disclose to prospective purchasers all facts […]
For most Americans, the largest asset they own is their home. However, the cost of establishing an estate plan can be prohibitive for some. To create an affordable means to transfer real estate and avoid Probate, the California Assembly passed Bill (AB) 139 (codified in California Probate Code Section 5642), which created a deed that […]
On November 8, 2016, proposition 64 was passed by a majority of California voters, making the recreational use of cannabis, by adults over the age of 21 years, legal in the State of California. Proposition 64 followed proposition 215, which had already made the medicinal use of cannabis legal in 1996. However, the legalization of […]
