Please let me know if you have any comments or nominations! Brian Panish, Esq. Besides being a fantastic personal injury lawyer and generous human, he looks like the famous Ghostbuster Dan Aykroyd! (Brian also has a touch of Tommy Lee Jones, maybe that’s the no...
Experienced Real Estate And Business Attorney
Year: 2016
When is Deposit for Purchase of House is Refundable? (Contract states deposit is NOT refundable)
Deposits are generally refundable unless there is a lawful liquidated damages clause. The burden is on the party claiming the deposit to show it is a proper liquidated damages and not an improper “forfeiture” and the written agreement bars return of the deposit. ...
Liquidated Damages Clause → Is the Deposit Refundable to the Buyer?
Real Estate Purchase Agreements and Leases (e.g. CAR forms) include deposits may or may not be refundable. Liquidated damages must bear a reasonable relation to the anticipated damages incurred. (See Civil Code §§1670, 1671). For Residential transactions, if 3%...
Tenant can terminate tenancy with 14 days notice if victim of domestic, sexual or elder abuse (Civil Code §1946.7
If a tenant or member of the household was a victim of an act of domestic violence, sexual assault, stalking, elder abuse or human trafficking, the tenant can terminate the tenancy with 14 days written notice to the landlord. The tenant is required to attach to the...
Revocable Transfer on Death Deed (Will-Joint Tenancy hybrid) avoids probate but also does not pass title during life
This law creates the revocable transfer on death (TOD) deed which allows a homeowner to transfer to a named beneficiary 1- 4 residential real property upon the owner’s death without a probate proceeding. This is similar to a joint tenancy deed, but easier for the...
Must Post Warning Sign if Landlord is a DIY pest controller (Civil Code §1940.8.5)
If the landlord/manager goes to Home Depot to buy pesticide, then they must post a sign of pesticide use. The exception if is a licensed pest control operator is used then no sign is needed! This law requires a landlord or the landlord’s authorized agent to provide a...
Mold is now the Tenant’s (initial problem)! (Civil Code §1941.7, Health and Safety Code §§17920, 17920.3)
A landlord is not obligated to repair mold problems until: 1) until he or she has notice of it or 2) if the tenant fails to keep the property clean and sanitary and thereby substantially contributes to the existence of the mold. Also, for a building, or portion...
Clotheslines allowed in tenant’s private area (Civil Code §§1940.20 and 4750.10)
Condo owners have a similar law. This law requires a landlord to permit a tenant to utilize a clothesline or drying rack approved by the landlord in the tenant’s private area. The landlord must permit a tenant to utilize a clothesline or drying rack approved by the...
Gender Pay Discrimination “big picture same pay for same work” (Labor Code §1197.5)
Labor Code §1197.5. bars employers from paying employees less than other employees of the opposite sex for substantially similar work regardless of their job titles or the location where they work. Current law prohibits an employer from paying an employee less than...
ADA/Unruh Construction Accessibility Complaints Require Warning Information (Civil Code §55.3, et seq.)
Commercial property owners must be careful of the ADA/Unruh Act access claims filed by mills seeking $5,000 to $10,000 because your slope, or sign is missing, or faded regarding parking spots. The new laws require an attorney sending a demand letter or serving a...