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
Real Estate Nondisclosure – Seller’s Good Faith Requirement For TDS Disclosures
The Transfer Disclosure Statement or "TDS" as realtors often refer to it, is the Seller's mandated disclosure form to be filled out during escrow and delivered to the Buyer. The 3-page document asks several questions of the Seller and while not part of the sales contract, California Courts have held
Injury At A Business – Landowner duties
Whenever a person is injured at a business or property as a result of a dangerous condition, there are typically two potential bad actors (1) the business or entity leasing the premises and operating in the premises; and (2) the landowner. A landowner's liability is not automatic under California law.
Condo Damage – Things An Owner Should Be Aware Of
Whether leaks from a failing roof, flooding from a failed common area pipe, or water intrusion as a result of a negligence owner or contractor, water damage to your condo can be a very stressful and trying experience. Over the years as we've assisted condo owners in their fight to
Injured At A Business Or Property – Factors For Liability
Civil Code § essentially codifies the legal duty owed by landowners or possessors such as businesses. Section 1714(a) reads: "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or
Injured At A Business – Assaults by third parties
Under California law, businesses, like bars and restaurants, shopping centers, liquor stores, etc., have an affirmative duty to take those steps deemed reasonable to secure their property to the extent it is under their control. The duty requires securing the property against reasonably foreseeable criminal acts of third parties. Delgado
Injured At A Place Of Business – Employer Liability For Employee Negligence
A fundamental principle of California Law is that employers will be held vicariously (derivative liability) liable in the event an employee's negligence causes harm to a patron. The law imputes the fault of the negligible employee onto the employer even though the employer may have exercised its due diligence in