The current COVID-19 pandemic has created myriad lease issues for retail tenants who have either closed stores or are contemplating doing so imminently, and are analyzing their ability to abate rent during the closure. We wanted to share initial thoughts. Read more
The California Association of Realtors Residential Purchase Agreement does not have a force majeure provision in the contract, so a buyer or seller wishing to cancel or delay should review their signed escrow instructions for further guidance. They should not rely on their brokers in giving them any legal advice, because the finding of whether a contract could be breached will depend on the facts and law of each individual case and on the judge who hears it. Read more
The recent California Governor executive order and the continued practice of brokers, requires a refresher on the brokers’ duties of inspection, so that brokers understand what they may or may not do. One of those duties is the broker’s duty of physical inspection, which is required before completing the Transfer Disclosure Statement (TDS) and the Agent Visual Inspection Disclosure (AVID). The AVID was created by the California Association of Realtors to assist agents in their disclosure duties, and it is therefore the ‘standard of care’ for brokers practicing in California. If California brokers stop using the AVID form, it will no longer be the gold standard. Read more
The California Lawyers Association, Real Property Law Section, held a networking event on March 5, 2020 at Reid & Hellyer, APC, a legacy Riverside firm where Marie Wood, an Advisor to RPLS's Executive Committee, practices real estate and business litigation as well as immigration law. Read more
Please note the Real Property 39th Annual Real Property Spring Conference has been canceled. This article was written prior to the cancellation. For more information about the cancellation, click here. Spring Conference Planning Committee Co-Chairs: Ashley Peterson & Elizabeth Blair Interview by John (J.R.) Richards So we are all really excited to hear more about the CLA Real Property Spring Conference, can you give us a thumbnail outline about what you are offering? ASHLEY: The Spring Conference has been one… Read more
In light of the evolving guidance regarding social distancing and other efforts to mitigate spread of the novel coronavirus and the disease it causes—COVID-19, CLA made the difficult but necessary decision to cancel all in-person CLA meetings, events and activities for March and April. Unfortunately for our section, that means cancelling the much-anticipated Spring Conference and Cannabis Law Symposium that were scheduled for April 23-25. Read more
Here at the CLA RPLS, we talk a lot about the very real housing crisis in California. As shown in the California legislature, the government has a hard time dealing with it. The enactment of local rent control laws is yet another result of the housing crisis. This book really hits home. It’s not downtown Oakland or San Francisco or Berkeley, places that are uniquely urban. Read more