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…
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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…
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Introduction The Legislature enacted SB 1186 to as a part of its ADA lawsuit reform efforts, specifically to address litigation abuse, such as “vexatious litigation” — lawsuits that are not pursued to rectify wrongs or to advance or create a pu…
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Tags: ADA, business, business disputes, business law, CASp, commercial real estate, legal dispute, litigation, real estate, real estate law, real estate litigation, real estate transaction, small business
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…
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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…
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Tags: commercial real estate, easements, encroachments, injunctions, legal dispute, litigation, property, property disputes, real estate, real estate disputes, real estate law, real estate litigation, real estate transaction
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…
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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…
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Tags: adverse possession, business, case law, commercial real estate, easements, property, property disputes, property law, real estate, real estate attorneys, real estate disputes, real estate law, real estate litigation, real estate transaction
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..…
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Tags: business, case law, commercial real estate, contracts, property, property law, real estate, real estate attorneys, real estate contracts, real estate disputes, real estate law, real estate litigation, real estate transaction
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…
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The recent decision in Connolly v. Trabue (2012) 204 Cal.App.4th 1154, confirms that a property owner must be proactive to take affirmative steps if they want to prevent a prescriptive easement from being established over their property. A frequent t…
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