The Business and Professions Code §7199 provides up to four years to bring suit for breach of a home inspector‘s duty to use the degree of care a reasonably prudent home inspector would exercise. Moreno v. Sanchez, 106 Cal. App. 4th (2003) 1415, 1429 Business and...
Experienced Real Estate And Business Attorney
Real Estate
2 Year Statute of Limitations Against a Real Estate Broker is 2 years from close of escrow! (CC §2079.4)
Statutes of limitations are confusing. A common mistake is most lawyers do not know that the statute of limitations to file a lawsuit against a real estate broker runs from the date of possession, or date of close of escrow, not discovery of the mistake,...
Marijuana Laws and Landlord-Tenant Rights
Medical and probably soon recreational marijuana is going to be a hot box for landlords and tenants. Medical marijuana is also NOT a basis nor does it create “civil rights” for residential tenants to smoke in their apartments!! Health and Safety Code §11362.5...
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%...
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. ...
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...