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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.
2012
January/February 2012
The Short of It on Deficiencies
2011
November/December 2011
New Anti-Deficiency Legislation
Ask an attorney: I have heard that the antri-deficiency legislation in California has been expanded. Can you shed some light on that?
October 2011
Manage Your Risk
Ask an attorney: Whether I am a broker or agent, what risk-management procedures can I implement to protect myself and the brokerage company against clients' claims?
September 2011
Senior Housing Strictures
Ask an attoney: I own retal property in California but live in New York. A former tenant is suing me in small claims court in California. Do I have to Appear?
August 2011
Homeowner v. Builder
Ask an attorney: What is an "abstract of title"?
May 2011
Duty To Disclose
Ask an attorney: Can you tell me about the California program that'll give me $5,000 in movin expenses after a short sale?
March/April 2011
New Year, New Laws
Ask an attorney: I refinanced my home loan secured by a first deed of trust, and it has been in the short sale process since December 2010. Can the lender go after the balance due on the note not covered by the short sale proceeds?
January/February 2011
New 2011 State and Ferdaral Laws
Ask an attorney: I'm a landlord, and I heard that I now need to give an IRS Form 1099 to my plumber who works on my rental properties. Is that true?
2010
November/December 2010
Mortgage Relief Act Simplified
Ask an attorney: The board of directors of my condo's homeowners' association just passed a rule that established a schedule of monetary penalties, such as $1,000 per day penalty for a parking violation. What can I do about it?
October 2010
Don't Lean on the House
Ask an attorney: I'm retiring and plan to move to another home in another county in California. Is there any way I can prevent my porperty tax from being reassessed?
September 2010
Ellis Act Tested
Ask an attorney: I heard that a new law passed about carbon monoxide detectors this year. Does this affect me if I sell or rent my home?
August 2010
Section 8 Is Landlord's Choice
Ask an attorney: After a trustee's sale foreclosure by a senior lienholder, can the junior lienholder sue me for the money?
June/July 2010
Too Big for HOA
Ask an attorney: As a real estate broker, must I report to the Department of Real Estate (DRE) that I have terminated a salesperson?
May 2010
Losing Good Faith Deposits
Ask an attorney: Must the real estate broker's name (firm) be used in all advertising by the salesperson?
March/April 2010
700 New Laws...and Counting
Ask an attorney: I do mortgage loans for commercial properties. Will I need to register with the DRE under the new law, SB 36?
January/February 2010
Read 'em-Obey 'em
Ask an attorney: With so many new laws, can you please summarize what type of notice I need to give to terminate a month-to-month tenancy?
2009
November/December 2009
HESC fine print
Ask an attorney: I'm confused between the cancellation right and the rescission right in the Home Equity Sales Contract Act (HESC). Can you explain the difference to me?
October 2009
No contest - no license
Ask an attorney: Can a corporation licensed as a real estate broker have its license revoked or is it only the designated broker of the corporation who can have a license revoked?
September 2009
Rent control's day in court
Ask an attorney: I heard that I now must give my tenants a 90-day notice to terminate a month-to-month tenancy. Is that correct?
August 2009
Landlord's conduct "outrageous"
Ask an attorney: How do I determine if a seller has a cancellation of debt tax liability after a short sale if the property is the seller's principal residence?
June/July 2009
Escrow: The 5-Year Plan
Ask an attorney: I have a real estate salesperson’s license and my broker just went out of business. Can I still continue to act as agent for all my existing transactions?
April/May 2009
Contract Essentials
Ask an attorney: Would you please explain the California deficiency judgment rules?
March 2009
Ring in the New Laws
Ask an attorney: What are the penalties when a non-licensee acts as a real estate licensee?
January/February 2009
It’s the Law Now
Ask an attorney: I’m on the board of a homeowner’s association (HOA) and heard there’s a new law about notifying the HOA of a foreclosure sale on a unit. Is that true?
2008
November/December 2008
Landlord Liable for Rents
Ask an attorney: After a lender has foreclosed on a residential rental property, what is the notice that must be given to the tenant to terminate a month-to-month tenancy?
October 2008
Homesteader Pushes Claim
Ask an attorney: My seller is worried about identity theft. Does she have to include her Social Security number on the Seller’s Affidavit of Non-foreign Status (Affidavit)?
August 2008
That's Not a Contract
Ask an attorney: I heard that I can now represent an investor-buyer when buying a property in foreclosure. Is that correct?
June/July 2008
A Breach by any Name
Ask an attorney: What is the definition of a "principal residence," as used in IRC 121, dealing with the exclusion of gain from the sale of a principal residence?
May 2008
You've Been SLAPPed
Ask an attorney: Is the 17-day inspection period under the C.A.R. standard form purchase contract, RPA-CA, really a "free look" permitting a buyer to cancel for any reason whatsoever?
April 2008
Talk this out!
Ask an attorney: If the C.A.R. Counter Offer form is signed by both buyer and seller but the purchase contract (for example, the RPA-CA) is not signed by the seller, is there a binding purchase contract?
March 2008
New rules 2008.
Ask an attorney: I'm a new real estate licensee. Do I have to print my DRE number on my business cards or advertising flyers?
January/February 2008
New laws 2008.
Ask an attorney: Can a seller of real property be held liable for fraudulent misrepresentation to a subsequent buyer?
2007
November/December 2007
Makeover earns tax assessment.
Ask an attorney: Can real property be sold to someone who is not a U.S. citizen?
October 2007
Tenants sue for emotional distress.
Ask an attorney: I heard that a landlord must now give a 60-day notice to terminate a month-to-month tenancy. Are there legal exceptions to this rule?
September 2007
Indemnify v. hold harmless.
Ask an attorney: If a Notice of Default (NOD) has been recorded on a property that my buyer wants to purchase, I heard that I shouldn't represent the buyer. Is that true?
August 2007
All parties liable for cleanup.
Ask an attorney: As a listing agent, do I have a fiduciary duty to explain tax consequences to a seller who provides seller financing?
July 2007
No recourse for illegal contract?
Ask an attorney: Can I place a listed property on the multiple listing service that will be auctioned at a later date?
June 2007
Brokers liable for MLS errors.
Ask an attorney: Can the homeowners' association of a planned development prohibit a residential care facility of six or fewer elderly persons to be run in one of the homes?
May 2007
High crimes and reckless disregard.
Ask an attorney: I'm property manager with a month-to-month tenant that I believe has moved out without giving notice. Can I just change the locks and find another tenant?
April 2007
Misdemeanors and turpitude.
Ask an attorney: What conduct may cause me to lose my real estate license?
March 2007
New laws - the sequel.
Ask an attorney: I am a REALTOR® having a commission dispute with another REALTOR®. May I take her to small claims court?
January/February 2007
New year rings in new laws.
Ask an attorney: As a property manager, what trust account records am I required to keep?
2006
November/December 2006
Simple majority-simple error.
Ask an attorney: I'm a property manager who has received several "bad" checks. What are the civil penalties for writing a bad check?"
October 2006
Running interference.
Ask an attorney: Who gets to keep the "original" signed contract in their files? Are faxed copies acceptable?
September 2006
Easements blur lot lines.
Ask an attorney: What is an easement?
August 2006
A compelling case for arbitration.
Ask an attorney: I'm a new REALTOR®. Why should I fill in interest rate and points on the purchase agreement when I don't know what my buyer's financing terms will be?
July 2006
Renovation run amok.
Ask an attorney: Why is the buyer's agent asking my seller to sign an agency disclosure form (C.A.R. Form AD) when I already gave one to my seller?
June 2006
You promised ... I forgot.
Ask an attorney: What can a lender do to prevent the 10- or 60-year statute of limitations on deeds of trust from running out if the lender doesn't want to conduct a nonjudicial foreclosure?
May 2006
Appreciation damages awarded.
Ask an attorney: What is the amount of a declared homestead exemption and where can I find the form?
April 2006
Forgery fallout.
Ask an attorney: My client owns acres ofmountainous land. What can he do to prevent hikers or others from gaining a prescriptive easement?
March 2006
Real estate's new laws: part 2.
Ask an attorney: If my client refuses to disclose her social security number on the FIRPTA form, is this a deal breaker?
January/February 2006
New 2006 laws and you.
Ask an attorney: Are real estate agents required to provide a new supplemental tax disclosure notice starting January 1, 2006?
