Real Estate & Business Attorneys
There are several legal doctrines to examine to determine if a commercial tenant’s lease obligations are excused. The start is Civil Code §1511 and Civil Code §1514 This post examines the doctrine of “frustration of purpose” which is close to the related...
Los Angeles County now accepts online notarization. LA County Recorder Accepts Electronic Notarization Essentially you Facetime the notary, provide your ID and they email you the notarization certificate and document notarized. It is the absolute best way to...
California’s new statewide residential rent and eviction control laws change almost 150 years of legal precedent. The new rent control rules are contained in Civil Code section 1946.2 concerning termination of tenancies which now require “just cause” and Civil Code...
Government Code §65852.26 states that if local laws permit, then a non-profit may sell ADU’s separately from the primary property to low income persons. The property must also be sold as a tenant in common interest. I am not sure how useful this will be.
CC&R’s cannot impose restrictions on the addition of ADU’s, including Junior ADU’s. Civil Code §4751 states that CC&R’s can impose “reasonable restrictions” so long as they do not interfere with Sections 65852.2 or 65852.22 of the Government Code. This...
The legislature has passed several bills promoting additional housing loosening up restrictions on building Accessory Dwelling Units (ADU’s). Until 2025, new for January 2020, Senate Bill 13 adds Government Code §65852.2, and removes Health and Safety Code 17980.12...
While most things are negotiable, there are a few items which by law are allocated to the seller or buyer. Even if allocated, so long as the legal obligation to perform is done, the parties can negotiate who pays for what. See this memo as to costs applicable in Los...
Here is a summary of some of the larger new real estate oriented laws for 2019. Landlord Tenant: Evictions – Three Days’ Notice Excludes Holidays and Weekends: When counting a three days’ notice to pay rent or quit or a three days’ notice to perform covenant or quit,...
The Court held that a broker must disclose that the seller’s neighbor told him he planned to remodel and his remodeled house would overlook the seller’s pool and interfere with the view. This case case also found expert broker testimony is not always necessary to...
January 1, 2017, Civil Code § 1938 was expanded to require: A Certified Access Specialist (CASp) report can reduce the minimum statutory damages and allow for a stay of the lawsuit pending a mediation session with the court. Effective January 1, 2017, revised Code...