To keep its' members fully informed, California Real Estate magazine contains a monthly legal column, written by senior counsel, Sonia M. Younglove, discussing the latest cases and statutes impacting REALTORS® and property owners. The column also contains an Ask An Attorney feature providing answers to commonly-asked legal questions and issues.
August 2015 Say Goodbye to the Good Faith Estimate and the HUD-1 Ask an attorney: On the first page of the new Loan Estimate form, I see the word "escrow." But it appears to be referring to costs the buyer will pay after close. Why is the buyer paying for the escrow after closing?
June/July 2015 Entering Tenant-Occupied Property Ask an attorney: Do I need the permission of the tenant to place a MLS authorized lock box on the property?
May 2015 The Importance of the Transfer Disclosure Statement
August 2014 Competitive Markets: Offers and Counteroffer Issues Ask an attorney: How can agents warn buyers about the risks of limited or no-contingency offers?
June/July 2014 Property Management Pitfalls Ask an attorney: If an owner tells a property manager that she or he will not rent to a person with an animal under any circumstances, what should the property manager do?
May 2014 The Ins and Outs of Mediation Ask an attorney: Buyer and seller dispute the release of a $3,000 deposite. Must they go to mediation? Seller refuses to move out after close of escrow. Is mediation required? The loan has funded, but seller refueses to close. the buyer seeks specific performance. Is a lis pendens permitted without first going to mediation?
March/April 2014| The Cost of Contract Breach Ask an attorney: Does the RPA-CA always make the buyer responsible for 3 percent of the purchase price in case of breach when the liquidated damages clause is initialed?
November/December 2013 Leap Over Repair Hurdles with Ease Ask an attorney: What happens if a buyer and seller are in contract together and something falls into disrepair before close of escrow?
October 2013 Keep Calm & Write Legal Advice for a Tight Market
September 2013 Marijuana Laws Affecting REALTORS Ask an attorney: Can a landlord ban the smoking of medical marijuana in a residential property in California?
August 2013 Copyrighted for a Reason C.A.R.'s Copyright Cops: C.A.R. policies the use of its forms to make sure they are only available to authorized users, regularly sending out letters to anyone who improperly reproduces, distributes or displays C.A.R. forms on the internet or elsewhere.
June/July 2013 Revised Listing Agreement. Business as Usual? Ask an attorney: I am a listing agent. The seller and I entered into the newly revised standard form Residential Listing Agreement (Form RLA, revised 04/13). I had not procured a buyer yet, but the seller unilaterally cancelled the listing agreement for no reason and without warning. My listing period has not ended. Is my real estate broker entitled to commission?
May 2013 RPA Myths Debunked Ask an attorney: I'm a buyer's agent. I do not need to worry about trust fund requirements as long as I have the buyer give me a deposit check made payable to an escrow or title company. Correct?
March/April 2013 The Giving Tree: It Gave $107,256 to Be Exact Ask an attorney: Does a homeowner have the right to cut down overhanging branches or roots from a neighbor's tree?