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…
Notable Eminent Domain and Inverse Condemnation Cases from 2016
Here is a list of California’s appellate cases from 2016 in the eminent domain and inverse condemnation arenas that caught our attention: Property Reserve, Inc. v.…
The Evolution of Real Estate Crowdfunding — Some Links
Real estate crowdfunding remains one of “fin-tech’s” hottest stories in 2016. While crowdfunding remains a tiny percentage of overall real estate debt or equity deals, the…
California Supreme Court Weighs In On “Associate Licensee” Duties In Dual Agencies
Dual agencies — where a broker represents both the buyer and seller in a real estate transaction — raise plenty of thorny questions regarding the duties…
Exercising a Real Estate Option: the Devil is in the Details
Leases often contain options to renew or extend the lease, and sometimes also an option to purchase the property at the end of the lease term.…
Damages for Seller’s Breach of a Real Estate Purchase and Sale Agreement: a Recent Case Example
When a seller breaches a purchase and sale agreement and fails to complete the sale to the buyer, the buyer’s usual remedy is to seek “specific…
Rescinding a Foreclosure Sale (or Any Other Real Estate Deal) — Act Quickly, or Lose the Remedy
In a prior post, Respect the Remedy of Rescission in Real Estate Disputes, I highlighted the often under-appreciated remedy of rescission. With rescission, both parties are…