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