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.
Are you Compliant? Understanding the California Online Privacy Act
Things You Should Know About Local Ordinance Point-of-Sale
Understanding the RPA-CA: The Loan and Inspection Contingencies
The Law of the Land in 2016
PACE Liens and Real Estate Transactions
Social Media: Legal Issues To Watch For
Trials and Tree-bulations: Neighbor Disputes Over Trees
Ask an attorney: I own a tree that shades my neighbor's solar panels. He says that I'm violating the law. Don't I have the right to grow trees on my property?
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?
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?
The Importance of the Transfer Disclosure Statement
Handling Disclosures in a Common Interest Development
2015: It's The Law
New Laws for the New Year
When Mediation Fails
RPA Changes on the Horizon
Competitive Markets: Offers and Counteroffer Issues
Ask an attorney: How can agents warn buyers about the risks of limited or no-contingency offers?
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?
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?
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?
New Laws to Watch in 2014
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?
Keep Calm & Write
Legal Advice for a Tight Market
Marijuana Laws Affecting REALTORS
Ask an attorney: Can a landlord ban the smoking of medical marijuana in a residential property in California?
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.
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?
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?
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?