» real estate litigation

Possible quiet title action house for sale by owner.

What is a Quiet Title Action?

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… Read More
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Key from real estate and gavel. Commonly Litigated Issues in Real Estate concept

10 Commonly Litigated Issues Related to Real Estate

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… Read More
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california usury exemption

California Usury Law Exemption for Real Estate Brokers

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… Read More
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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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What is Better than a Pre-Judgment Writ of Attachment?

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… 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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ADA Lawsuit Reform – SB 1186

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… 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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