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.

2008

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?