Practical Points for Real Estate Agents

Point 1: Lease/Options Can Be Dangerous for Listing Agents Lease/Options have many complex aspects and real estate agents have to be very careful if they get involved. For example, there are three types of payments by the potential buyer before close of escrow: the option payment, the lease security deposit,

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Can A Broker Avoid Its Duty To Physically Inspect The Property?

Article Written By: Rinat B. Klier Erlich The recent California Governor executive order and the continued practice of brokers require a refresher on the brokers’ duties of inspection so that brokers understand what they may or may not do. One of those duties is the broker’s duty of physical inspection,

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Practical Points for Real Estate Agents

Practical Point 1: Old Inspection Reports It is a good practice for listing agents to ask their sellers if they have old inspection reports (for example the reports they got when purchasing the property) and disclose them to buyers. While they may be mostly outdated, they may have some issues

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Opinion: Rent Control by Michele Harrington

The personal view of a contributor that may not be the view of the editor, college real estate programs, or the corporate sponsor. Opposing views will be considered for future newsletters. Tenant groups have announced they have gathered enough signatures to get a Costa-Hawkins repeal on the ballot this November.

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Risks and Difficulties of Mold Litigation by Rinat Klier-Erich

Risk Difficulties of Molitigation by Rinat Klier-Erich, Manning & Kass, Ellrod, Ramirez, Trester Mold litigation is unique in that it is a crossover between design and construction defect, personal injury, and property damage. Mold litigation is expert-intensive, and it involves construction law, personal injury law, contracts, and insurance. Mold litigation

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The danger in releasing funds to a seller before close of escrow

Releasing funds to a seller before close of escrow often causes trouble for real estate agents. Paragraph 21.A. of the California Association of Realtors® Residential Purchase Agreement warns contract clauses for pre-closing releases of funds to sellers are “invalid” unless they independently satisfy the liquidated damages requirements of the Civil

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Be Careful about Square footage

Square footage continues to be a frequently litigated matter. Regardless of blanket disclaimers, buyers can often build a case on the basis they have been negligently or fraudulently mislead. Best Practice: Agents should always have a justifiable basis for the square footage they put in the MLS and marketing materials, and

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