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
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