Property Rights – Listing Price Does Not Determine a Property’s Actual Or Market Value
Recently, Gholian Law’s Los Angeles Real Estate lawyers were asked to evaluate and confirm whether a real property’s listing price provided evidence of actual or market value. Following briefing motions and oral arguments in trial court, the answer was a firm: “NO.” A listing price can never be presented as
Property Rights – Labor Unions Can Picket In Front of Privately Owned Walkways Says California Supreme Court in Recent Ruling
The California Supreme Court recently issued its opinion in the hotly contested, private walkway vs. labor union picketing case. In the judgement handed down, the high court noted that labor union picketing activities may not have constitutional protection, but ultimately ruled that labor unions do have statutory protection under the
Contract Law Tidbit – Implied Contract Modifications Are Supported By California Law
Implied in fact modifications have consistently been recognized under California law. If the behavior or verbal statements made by the parties to a written agreement are inconsistent or contradictory to provisions of that contact, the court has held that implied modification can reasonably be assumed. [See Diamond Woodworks, INC. v.
Defining a Broker Duties in Visual Inspections – Cal. Civ. Code § 2079
If a real estate agent or broker has a written contract with a seller or is a broker who acts in cooperation with that broker to solicit buyers to purchase a 1-4 unit residential property, the real estate agent or broker is duty bound to conduct a reasonably competent and
Attorneys’ Fees Are Not Automatically Awarded After Prevailing on a Motion to Expunge Lis Pendens
Simply because an individual prevails on an expungement motion, attorneys’ fees are not automatically awarded. The courts in California use what is known as the: “practical approach” when determining whether attorney’s fees should be awarded in a successful expungement motion. Following the practical approach, the trial court determines if the
Nondisclosure – Can Agents and Brokers be Subject to the Statutory Duties Under Cal. Civ. Code § 1102 et seq
When a buyer brings a nondisclosure or fraud claim against a seller and broker in a real estate sales transaction, the Transfer Disclosure Statement (“TDS”) determines whether there are grounds for a breach of statutory duty claim. If analysis of the TDS shows the documents was inaccurate or failed to
Nondisclosure in Real Estate – Full Disclosure is Still Required Regardless of Any “As-Is” Provision in a Purchase Agreement
Regardless of any “As-Is” statements made in a real estate sales agreement, sellers and seller’s agents have an express duty to disclose any concealed or known material facts that are unknown or not observable to a buyer. In a real estate sale, “As-Is” indicates the buyer is buying the property
Real Estate Law Tidbit – Real Estate Co-Ownership Does Not By Itself Create A Partnership in California
“Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not by itself establish a partnership, even if the co-owners share profits made by the use of the property” [See Cal. Corp. Code § 16202(c)(1)] has been well-settled under California law. Additionally: “A
HOA Dispute – Scope of Regulations for Renting Condos Subject To Association Rules
According to Cal. Civ. Code § 4740(a): “An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in that