Real Property Law Section

The global Coronavirus (COVID-19) pandemic is forcing the world to change its daily practices and the impact was felt almost immediately in the California landlord-tenant arena. As governments scramble to protect citizens, the state issued a moratorium on certain evictions in an effort to help residential tenants remain in their homes and small commercial businesses stay afloat. Read more

The COVID-19 pandemic and the United States’ efforts to “flatten the curve” and slow the spread of the disease present considerable issues for commercial tenants and landlords. Read more

On March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 (the “Order”), requiring that all individuals in California stay at home, with certain exceptions for essential business and to maintain critical infrastructure. The Order is in effect until ‘further notice.’ Other states and cities have enacted similar measures. 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. Read more

I literally cannot remember the last time I shook hands. There have been no bro hugs, high fives, fist bumps and hug hugs with anyone outside of my immediate family for at least a month now. I do remember running into a work neighbor on March 16, 2020. He’s the guy that so competently manages the Jersey Mike’s a couple doors down. We elbow bumped. Read more

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

This webinar will cover the new statewide legislation and discuss its impacts on landlord-tenant relationships. Read more

The Real Property Law Section (“Section”) is seeking interested members to fill the newly created Practice Area Committees. Read more