» Real Estate

Failure of a Tenant to Obtain Rental Insurance Ruled a Material Breach of the Rental Agreement

In a recent appellate court decision (Boston LLC v. Juarez, 240 Cal.App.4th Supp. 28), the appellate court ruled that a tenant’s failure to timely obtain rental insurance following service of a three day notice to cure covenant or quit was a materi… Read More
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Appellate Court Holds Real Estate Agents May Sue For Commission Splits

Recently, a California appellate court ruled on the enforceability of agreements for commission splits among real estate agents, which could have significant ramifications on how both agents and brokers share commissions earned for the sale of real p… Read More
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Junior Lienholders Beware of the Deed in Lieu

A grant deed in lieu of foreclosure (“deed in lieu”) given by a beneficiary to a foreclosing lender does not merge with the foreclosing lender’s deed of trust. For creditors with junior liens secured by real property, including contractors who… Read More
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Good News, Bad News: The CASp Report

First, some bad news. A CASp report[1] is now required by law for commercial properties when a lease is negotiated. The good news: when you have this report, you have the power to correct accessibility problems and to defend ADA lawsuits. CASp Report… Read More
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Koontz: A Valuable Weapon Against Government Sponsored Extortion

The U.S. Supreme Court decided a case which bolsters the rights of property owners against government agencies who impose “extortionate” demands or development fees. The opinion was issued on June 25, 2013 in the case of Koontz v. St. Johns River… Read More
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Boundaries and Encroachments – A Lesson in Sharing – Part 2

What Does Sharing Have to Do with Boundaries and Encroachments? Sometimes our selfish nature gets the better of us and we fight over things that should be shared. Disputes concerning boundaries and encroachments can often be resolved by better unders… Read More
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An Easement – A Lesson in Sharing – Part 1

What Does Sharing Have to Do With Easements? Sometimes, our selfish nature gets the better of us and we fight over things that should be shared. Disputes concerning an easement can often be solved by a better understanding of how conflicting uses sho… Read More
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Tax Exempt Organization? Watch Out for Adverse Possession

Adverse possession is often cited as a very narrow remedy in California due to the challenges in showing payment of property taxes. While California has a very short five year time period to acquire property by adverse possession, it famously require… Read More
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Interpretation of “Best Efforts” Clauses in Real Estate Contracts

What standard of care or contractual duty should be applied in order for a party to fulfill a “best efforts” requirement in a contract? This question is a frequently litigated topic in contract dispute cases, including real estate contracts, as..… Read More
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Valuation of an Easement – Appreciation in Value of the Servient Tenement

The recent decision in SCI California Funeral Services, Inc. v. Five Bridges Foundation (2012) 203 Cal.App.4th 549, confirms a new valuation approach for determining damages in the termination of an appurtenant easement. Background of the Case In thi… Read More
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