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…
Money and Dirt: Reviewing 2015; Previewing 2016
We’ll end 2015 with a quick look back at some of the important developments in California real estate and secured lending law covered in this blog,…
Draft Your Purchase and Sale Agreements Carefully — Integration and Indemnity Clauses are Not Simple “Boilerplate”
Almost all real estate purchase and sale agreements contain provisions relating to integration and indemnity. In the “boilerplate” worldview, these provisions are standard, generic, and basically…