Category Archives: Uncategorized

Recent Case Clarifies Standard of Accuracy for Descriptions of Real Property by Seller’s Broker in MLS

A case from March of 2014, Saffie v. Schmeling (2014) 224 Cal. App. 4th 563, clarifies the duties of an agent in accurately describing real property in a multiple listing service (MLS). The case is notable in that it is … Continue reading

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NYC Pushing for Right to Counsel for Poor Tenants in Housing Court

A recent article in the New York Times highlights efforts to provide court-appointed counsel in New York City’s bustling and befuddling “Housing Court.” Democratic Councilman Mark D. Levine has sponsored “[a]n act to amend the administrative code of the city of New … Continue reading

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A Pair of Recent California Cases Expands Borrowers’ Remedies for Negligent Handling of Loan Modifications and Wrongful Foreclosure

Alvarez v. BAC Home Loans Servicing, L.P. (2014) 228 Cal. App. 4th 941 Plaintiffs Arnulfo and Consuelo Alvarez and Enrique and Ofelia De Haro sued their lenders, BAC Home Loans Servicing, L.P., Bank of America, N.A., and ReconTrust Company, N.A. … Continue reading

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Recently Passed “Sustainable Groundwater Management Act” Allows Local Governments to Restrict the Amount of Groundwater Extracted in California

In September 2014, Gov. Brown approved landmark legislation requiring the management of groundwater basins throughout California. In essence, the new law is meant to empower local government to limit how much groundwater extracted. Proponents of the new legislation say it … Continue reading

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Recent Decision Clarifies Property Subject to California’s Transfer Disclosure Law

A recent opinion from the California Court of Appeal, issued just last Thursday,  underscores the importance of complying with the law requiring sellers of real property to provide the buyer with a “transfer disclosure statement,” even if the property is … Continue reading

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California Bill Would Allow Reduction of Damages in “Inverse Condemnation” Actions If Plaintiff Shares Fault

A bill being considered by the California legislature, AB-436, has important implications for plaintiffs who sue government entities in so-called “inverse condemnation” actions. The law would apply the doctrine of “comparative fault” to such actions. Before addressing the new law, … Continue reading

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Proposed California Law Would Give Homeless People the Right to Sleep in Public, Access to Statewide “Hygiene Centers,” and More

The California legislature is considering a bill that could have major implications for commercial property owners in California, to say nothing of taxpayers in general. It is AB-5, also known as the Homeless Person’s Bill of Rights and Fairness Act. … Continue reading

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