Right of First Refusal Overcomes “Uncertain” Language and Bad Faith
A right of first refusal is a contractual right to purchase property that arises when the owner decides to sell. The holder of a right of…
Quieting Title After a Failed Deed in Contemplation of Marriage
Claims for quieting title to real property can be governed by different statutes of limitations periods. But a common issue in quiet title cases is when…
Is an Irrevocable License Binding on a Purchaser?
A landowner grants a license by allowing someone else to use the land. A license can be created by express permission, or by acquiescence (allowing the…
Can a Holdover Commercial Tenant Hold On to a Right of First Refusal?
In California, a holdover tenant (a tenant who remains in possession after the expiration of the written lease) has fewer rights than a tenant operating under…
When a Tenant Exercises an Option to Purchase, When Does the Obligation to Pay Rent End?
Some commercial leases provide the tenant with an option to purchase the real property. When the tenant exercises such an option, does the tenant’s obligation to…
Money and Dirt: Reviewing 2017
Here is a look back at some of the top real estate and secured lending developments from 2017 covered here at Money and Dirt: The 2016…
Valuation Of “Different” Property In Condemnation — Does a Developed Market Exist?
When real property interests are acquired by the power of eminent domain, the owner is entitled to receive “just compensation” in the form of fair market…
Tax Sales and Bankruptcy Stays
It is well understood that under section 362 of the Bankruptcy Code, a bankruptcy filing triggers an “automatic stay” preventing creditors from taking any act to…
Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment
Under California law, “bona fide purchasers” who buy property with no notice (actual, constructive, or otherwise) of a competing claim to the property are generally protected. …
“Broker Beware” — Get Commission Agreements In Writing
All California real estate brokers should be well aware of the statute of frauds governing their work found in Civil Code section 1624(a)(4). Here is what…