CALIFORNIA SUPREME COURT RULES THAT DUAL AGENCY CREATES DOUBLE FIDUCIARY DUTY FOR AGENTS

• Post published:November 28, 2016
• Post category:Agency/Disclosure

Continue ReadingCALIFORNIA SUPREME COURT RULES THAT DUAL AGENCY CREATES DOUBLE FIDUCIARY DUTY FOR AGENTS

WHEN A BROKER IS THE DUAL AGENT OF BOTH THE BUYER AND THE SELLER IN A REAL PROPERTY TRANSACTION, THE SALESPERSONS ACTING UNDER THE BROKER HAVE THE SAME FIDUCIARY DUTY TO THE BUYER AND THE SELLER AS THE BROKER.

• Post published:May 29, 2014
• Post category:Agency

Continue ReadingWHEN A BROKER IS THE DUAL AGENT OF BOTH THE BUYER AND THE SELLER IN A REAL PROPERTY TRANSACTION, THE SALESPERSONS ACTING UNDER THE BROKER HAVE THE SAME FIDUCIARY DUTY TO THE BUYER AND THE SELLER AS THE BROKER.

A LISTING AGENT IS NOT LIABLE TO THE BUYER FOR MAKING A STATEMENT OF FACT REGARDING THE PROPERTY THAT IS ACCURATE BUT OUTDATED. THE SELLING AGENT IS LIABLE FOR FAILING TO EXPLAIN IT.

• Post published:April 21, 2014
• Post category:Disclosure/Fraud

Continue ReadingA LISTING AGENT IS NOT LIABLE TO THE BUYER FOR MAKING A STATEMENT OF FACT REGARDING THE PROPERTY THAT IS ACCURATE BUT OUTDATED. THE SELLING AGENT IS LIABLE FOR FAILING TO EXPLAIN IT.

LISTING AGENTS MAY BE LIABLE FOR INJURIES TO PERSONS VISITING THE MARKETED PROPERTY

• Post published:May 13, 2013
• Post category:Premises Liability

Continue ReadingLISTING AGENTS MAY BE LIABLE FOR INJURIES TO PERSONS VISITING THE MARKETED PROPERTY

COURT CONFIRMS $100,000 JUDGMENT AGAINST PROPERTY OWNER WHO CUT DOWN A TREE STRADDLING THE PROPERTY LINE WITH HIS NEIGHBOR

• Post published:October 12, 2012
• Post category:Boundary Line Disputes/Damages

Continue ReadingCOURT CONFIRMS $100,000 JUDGMENT AGAINST PROPERTY OWNER WHO CUT DOWN A TREE STRADDLING THE PROPERTY LINE WITH HIS NEIGHBOR

IF A SURVEY CAN ACCURATELY LOCATE THE BOUNDARY LINE BETWEEN TWO PROPERTIES, THEN AN ENCROACHING FENCE CANNOT ESTABLISH A DIFFERENT BOUNDARY BY AGREEMENT

• Post published:September 27, 2012
• Post category:Boundary Line Disputes

Continue ReadingIF A SURVEY CAN ACCURATELY LOCATE THE BOUNDARY LINE BETWEEN TWO PROPERTIES, THEN AN ENCROACHING FENCE CANNOT ESTABLISH A DIFFERENT BOUNDARY BY AGREEMENT

AFTER JANUARY 1, 2013, HOMEOWNERS WHO REFINANCE PURCHASE MONEY LOANS AND THEN DEFAULT, WILL RETAIN ANTI-DEFICIENCY PROTECTION FOLLOWING FORECLOSURE

• Post published:September 17, 2012
• Post category:Foreclosure/Loan Modifications/Loans/New real estate laws in CA/Real Estate

Continue ReadingAFTER JANUARY 1, 2013, HOMEOWNERS WHO REFINANCE PURCHASE MONEY LOANS AND THEN DEFAULT, WILL RETAIN ANTI-DEFICIENCY PROTECTION FOLLOWING FORECLOSURE

CALIFORNIA HOMEOWNER BILL OF RIGHTS BECOMES LAW JANUARY 1, 2013

• Post published:July 30, 2012
• Post category:Foreclosure/Loan Modifications/New real estate laws in CA/Real Estate/Short sales

Continue ReadingCALIFORNIA HOMEOWNER BILL OF RIGHTS BECOMES LAW JANUARY 1, 2013

RESPA DOES NOT PROHIBIT UNEARNED FEES CHARGED BY A SINGLE SETTLEMENT SERVICE PROVIDER

• Post published:June 4, 2012
• Post category:Loans/Real Estate/RESPA

Continue ReadingRESPA DOES NOT PROHIBIT UNEARNED FEES CHARGED BY A SINGLE SETTLEMENT SERVICE PROVIDER

HOMEOWNER WHO LOST HOME IN FORECLOSURE CAN SUE TO SET ASIDE TRUSTEE SALE IF LOAN WAS PREDATORY

• Post published:February 15, 2012
• Post category:Foreclosure/Real Estate

Continue ReadingHOMEOWNER WHO LOST HOME IN FORECLOSURE CAN SUE TO SET ASIDE TRUSTEE SALE IF LOAN WAS PREDATORY