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Buyer of Property Subject to Unlawful Detainer When Escrow Fails to Close

Recently, the California Court of Appeal review a case involving a Purchase Agreement for the sale of real estate where the Buyer took possession of the real property prior to the close of escrow and escrow failed to close. Community Rebuild Partners, LLC v. Chanin affirms that the seller could evict the buyer when escrow failed to [...]

By |2019-05-01T14:51:33-07:00May 1st, 2019|Landlord-Tenant, Real Estate|Comments Off on Buyer of Property Subject to Unlawful Detainer When Escrow Fails to Close

Landlord Cannot be Liable for Charging High Rent Absent a Rent Control Ordinance

The California Court of Appeal recently reviewed a case that dealt with a group of mobile home park tenants who sued their landlord for a number of causes of action, including breach of contract, breach of quiet enjoyment, negligence, and breach of habitability. Bevis v. Terrace View Partners reviews whether a landlord could be held civilly [...]

By |2019-04-11T16:21:19-07:00April 11th, 2019|Real Estate|Comments Off on Landlord Cannot be Liable for Charging High Rent Absent a Rent Control Ordinance

Trial Court Must Determine Ownership Interest of Real Estate Owners Before Ordering Partition Sale

The California Court of Appeals recently reviewed a partition lawsuit involving joint owners of real estate. Summers v. Superior Court provides some insight into a partition action and how joint owners of real estate can dissolve a partnership. The case involved three owners of an investment property. The owners disagreed as to each owners' respective ownership interest. [...]

By |2018-06-07T11:25:37-07:00June 7th, 2018|Real Estate|Comments Off on Trial Court Must Determine Ownership Interest of Real Estate Owners Before Ordering Partition Sale

Material Misrepresentation Found in Failing to Disclose Actual Size of Commercial Building

The California Court of Appeal found there was no miscarriage of justice when the trial court found a misrepresentation occurred in a real estate transaction regarding the size of the property.  Hallett v. Khau provides some insight into a failure to disclose issue for a commercial property.  Here, Plaintiff, the Buyer, filed a lawsuit against [...]

By |2018-04-16T14:37:20-07:00April 16th, 2018|Real Estate|Comments Off on Material Misrepresentation Found in Failing to Disclose Actual Size of Commercial Building

Case Involving Sibling Dispute Discusses Scope of Attorneys’ Fees Clauses

The California Court of Appeal recently reviewed a case involving two siblings who operated a real estate partnership together for over twenty-five years. Johnson v. Johnson discusses the importance of attorneys' fees clauses in a partnership and the scope of these clauses during litigation. In 1982, Brother and Sister had equal interests in a partnership agreement that [...]

By |2018-03-08T10:34:54-07:00March 8th, 2018|Real Estate|Comments Off on Case Involving Sibling Dispute Discusses Scope of Attorneys’ Fees Clauses

Why Mediation Can Be Important in Real Estate Disputes

A recent California Appellate Court decision reviewed the provision in many California Association of Realtor form agreements that require mediation prior to filing any lawsuit in order for a prevailing party to receive attorneys' fees. Silver Horse Equities, LLC v. Ahmad displays why it's important for parties to read the agreement fully prior to filing any lawsuit. [...]

By |2018-03-06T15:09:36-07:00March 6th, 2018|Landlord-Tenant, Real Estate|Comments Off on Why Mediation Can Be Important in Real Estate Disputes

Holding Real Estate as Joint Tenants

Joint tenancy is a common method for owners of real estate to hold title together. A significant difference between holding title as tenancy in common or joint tenancy is that in a joint tenancy, when one owner dies, the surviving owner or owners acquire the deceased owner's share automatically. Joint tenancy can be one way [...]

By |2017-12-02T02:58:42-07:00November 20th, 2017|Real Estate|Comments Off on Holding Real Estate as Joint Tenants

Things to Consider When a Purchasing a Home to Someone You Are Not Married To

The Huffington Post recently ran an article "Read This Before You Buy a House With Someone You're Not Married To," and I would agree with many of the statements made in the article. It is important to note that engaged couples and couples cohabitating without being married risk not having the protections afforded by California's [...]

By |2017-12-02T02:58:42-07:00November 18th, 2017|Estate Planning, Real Estate|Comments Off on Things to Consider When a Purchasing a Home to Someone You Are Not Married To

The Heggstad Petition Explained

Recently, I have had to file a few Heggstad Petitions in order to help clients put real property into a revocable trust. A Heggstad Petition is necessary when a person creates a revocable trust but does not actually place any property into the trust. Generally, when you draft a revocable trust you should also draft [...]

By |2017-12-02T02:58:42-07:00November 17th, 2017|Estate Planning, Real Estate|Comments Off on The Heggstad Petition Explained

Gentrification in Boyle Heights

NBC recently wrote an article on gentrification in Boyle Heights. Most of Boyle Heights falls within the City of Los Angeles and many of the units would be subject to the Los Angeles Rent Stabilization Ordinance (the formal name of Los Angeles' rent control). The LARSO sets forth a variety of reasons that a landlord [...]

By |2017-12-02T02:58:42-07:00November 15th, 2017|Landlord-Tenant, Real Estate|Comments Off on Gentrification in Boyle Heights