Typical of 2006 predatory lending practices, the mortgage payments exceeded owners’ monthly income by more than $1000. This was found to be sufficient to plead substantive unconscionability as grounds to set aside nonjudicial foreclosure sale in Orcilla v. Big Sur,...
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An Installment Real Estate Sales Agreement is a Lease until the buyer pays the purchase price
Taylor v. Nu Digital Marketing, 245 Cal.App.4th 283 The court found monthly payments to be “rent” and upon default in payment of these “interim payments”, before the purchase price is paid, re-characterized the installment sales agreement as lease and seller can bring...
Merger Clause in Real Property Sale may not merge into deed at closing (CCP §1856)
Ram’s Gate Winery v. Roche, 235 Cal.App.4th 1071 Purchasers of the land for use by a winery http://www.ramsgatewinery.com/ sued the seller for not disclosing an earthquake fault on their property four years before closing escrow. Buyers sued in tort for nondisclosure...
City can impose age restrictions on short term housing rentals
Spring Breakers may have to look elsewhere for an Airbnb rental. In Harrison v. City of Rancho Mirage, 243 Cal. App. 4th 162 (2015) The City of Rancho Mirage passed an ordinance regulating rental of private homes for short-term vacation rentals. Among other things,...