There are various reasons a dispute may arise concerning ownership of residential or commercial property. If you own or are about to invest in property that has a cloud on title, it’s crucial to take the necessary measures to protect your rights. C…
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There are many different types of disputes that can occur during the course of a real estate transaction, and some issues related to real estate can even occur after the transaction has already been completed. While many controversies can be settled…
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The California Constitution protects citizens within the state from usury, which is the lending of money at excessively high rates. While lenders are generally permitted to contract with borrowers for loans used primarily for personal, family, and ho…
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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…
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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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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…
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A major concern collecting a business debt is whether the debtor has the assets to satisfy a money judgment and whether the assets will be available once a judgment is rendered for the creditor. The writ of attachment is a powerful tool to secure pro…
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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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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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