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February 2017 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

Real Estate Law From All Sides The State Bar of California certifies attorneys as “specialists” in many different legal practice areas. Lawyers can be certified as Read More > ...

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commercial lease types in california

Commercial Lease Types

by Simon Offord, Esq.

One of the first issues that comes up in negotiating a commercial lease is the rental structure, and how the landlord and tenant’s responsibilities for items Read More > ...

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Co-Ownership of Real Property – The Partition Action

by Julia M. Wei, Esq.

PARTITION BY SALE – THE FIRST BATTLE In a partition action, there are two parties generally. One party who wishes to sell the the co-owned property, Read More > ...

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2017 New Real Estate and Lending Laws in California

by Simon Offord, Esq.

The California legislature was quite busy in 2016, passing 807 bills into law. Along with the 18 statewide ballot initiatives that were decided on November 8th, Read More > ...

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December 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

Joyful and Triumphant The end of another year is upon us, and 2016 will surely be remembered for many years to come. May we all take Read More > ...

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November 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

  Get Moving On Your Next Success Many new things are just on the horizon — a new year, a slate of new laws, and even Read More > ...

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California Supreme Court Confirms Expansive Application of Fiduciary Duties for Dual Agents

by Simon Offord, Esq.

  In a highly anticipated ruling, the California Supreme has upheld an appellate decision ruling that a listing agent owed a fiduciary duty to a buyer Read More > ...

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California Landlord Basics Webinar

by Ashlee D. Adkins, Esq.
by Henry Chuang, Esq.

Owning residential rental properties in the San Francisco Bay Area has become a lucrative way of earning additional income. Because of the impact that Silicon Valley Read More > ...

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February 2017 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

Real Estate Law From All Sides The State Bar of California certifies attorneys as “specialists” in many different legal practice areas. Lawyers can be certified as Read More > ...

Read More
commercial lease types in california

Commercial Lease Types

by Simon Offord, Esq.

One of the first issues that comes up in negotiating a commercial lease is the rental structure, and how the landlord and tenant’s responsibilities for items Read More > ...

Read More

Co-Ownership of Real Property – The Partition Action

by Julia M. Wei, Esq.

PARTITION BY SALE – THE FIRST BATTLE In a partition action, there are two parties generally. One party who wishes to sell the the co-owned property, Read More > ...

Read More

2017 New Real Estate and Lending Laws in California

by Simon Offord, Esq.

The California legislature was quite busy in 2016, passing 807 bills into law. Along with the 18 statewide ballot initiatives that were decided on November 8th, Read More > ...

Read More

December 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

Joyful and Triumphant The end of another year is upon us, and 2016 will surely be remembered for many years to come. May we all take Read More > ...

Read More

November 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

  Get Moving On Your Next Success Many new things are just on the horizon — a new year, a slate of new laws, and even Read More > ...

Read More

California Supreme Court Confirms Expansive Application of Fiduciary Duties for Dual Agents

by Simon Offord, Esq.

  In a highly anticipated ruling, the California Supreme has upheld an appellate decision ruling that a listing agent owed a fiduciary duty to a buyer Read More > ...

Read More

California Landlord Basics Webinar

by Ashlee D. Adkins, Esq.
by Henry Chuang, Esq.

Owning residential rental properties in the San Francisco Bay Area has become a lucrative way of earning additional income. Because of the impact that Silicon Valley Read More > ...

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Autumn 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

  A Season of Fellowship Throughout history, autumn has been associated with transition. Many beginnings and endings occur during the autumn season. As the weather begins Read More > ...

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September 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

  Strive to Stay Ahead of the Curve The San Francisco Bay Area is the global epicenter of innovation. The entrepreneurial ecosystem allows for novel ideas Read More > ...

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California Tree Care & Urban Responsibility

by Simon Offord, Esq.

Webinar presented in conjunction with: California boasts a diverse and rich landscape of trees and forests, with over 33 million acres of forested land and more Read More > ...

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August 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

  The Nature of Success The world is composed of naturally-occurring elements that make up the essence of life — from the water we drink to Read More > ...

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July 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

  Extend Your Reach to New Horizons The San Francisco Bay Area is home to some of the most innovative people and companies in the world. Read More > ...

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June 2016 Real Estate Law Newsletter

by Peter N. Brewer, Esq.

Timing & Preparation Creates Opportunities During the summer months, the Bay Area real estate market is brimming with opportunity. Agents are working fervently to take advantage Read More > ...

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Partition Actions & Co-Ownership Disputes in California

by Julia M. Wei, Esq.

Co-ownership is a common way that siblings, families, and investors hold title to property in the Bay Area. However, disagreements can arise between the co-owners about Read More > ...

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Easements & Boundary Law in California

by Simon Offord, Esq.

In California, the real estate boom has led to the construction of many new housing and commercial developments. To accommodate the growing population and demand for Read More > ...

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California Small Business Guide to Getting Paid

by Julia M. Wei, Esq.

Owners of small businesses are no strangers to the dilemma of outstanding accounts receivable. For a whole host of reasons, some customers do not pay their Read More > ...

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2016 New Real Estate and Lending Laws in California

by Ashlee D. Adkins, Esq.
by Simon Offord, Esq.
by Clayton Dodds

In 2015, the California legislature sought to address a number of pressing issues facing California, the biggest of which was the devastating drought. From the hundreds Read More > ...

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Commercial Listing Agreements

by Simon Offord, Esq.

Listing or selling commercial property involves a series of contracts and negotiations, beyond the lease or purchase contract itself.  These negotiations start before you even list Read More > ...

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2015 Annual Review

by Peter N. Brewer, Esq.

In 2015, we at the Law Offices of Peter N. Brewer celebrated our 20th anniversary of being in business. Since starting out as a solo practice Read More > ...

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Real Estate Law in the Sharing Economy

by Simon Offord, Esq.

In the summer of 2015, over 17 million people stayed with an Airbnb host, where only 47,000 people were using the platform just 5 years ago. Read More > ...

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Repair & Deduct Remedy

by Ashlee D. Adkins, Esq.

Being a tenant in California comes with its fair share of challenges, especially when the rental property falls into disrepair. Under the implied warranty of habitability, Read More > ...

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Build-Out Provisions in Commercial Leases

by Simon Offord, Esq.

When commercial landlords are in negotiations with prospective tenants, one of the most important items that needs to be discussed is the issue of modifying the Read More > ...

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Liquidated Damages Clauses in Real Estate Purchase & Sale Transactions

by Peter N. Brewer, Esq.

Liquidated Damages Clauses Palo Alto, California and the San Francisco Bay Area are home to some of the most expensive residential property in California. Most real Read More > ...

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Invest in the Relationship to Win Work: Review of Silicon Valley In-House Counsel Summit

by Clayton Dodds

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Team Names for California Realtors®

by Peter N. Brewer, Esq.

Under a new California law passed in 2014 (AB 2018), licensed real estate salepersons can now represent themselves to the public as a “team” without having Read More > ...

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Creditor Victory in Collection Against California Guarantor

by Julia M. Wei, Esq.

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BANKRUPTCY: Fighting a Cramdown

by Julia M. Wei, Esq.
by Henry Chuang, Esq.

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Taking Back A Property With a Nuisance – Now What?

by Julia M. Wei, Esq.

You recently foreclosed, and now you have taken possession of the property. Then you notice a foul odor from the property. After more research, you learn Read More > ...

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Help With a Loan Modification – Go to Jail

by Peter N. Brewer, Esq.

Why Lawyers Are Legally Prohibited From Helping You With Your Loan Mod For several years immediately following the crash of the real estate and financial markets Read More > ...

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In State Court with a Federal Savings Association? Sometimes you can say “adios” to HOLA

by Simon Offord, Esq.

Federally chartered savings associations, such as Wachovia, are regulated by HOLA (Home Owners Loan Act). HOLA authorizes the Office of Thrift Supervision (OTS) to issue regulations Read More > ...

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Bankruptcy Courts Enforce “Produce the Note” Defenses by Borrowers

by Julia M. Wei, Esq.
by Henry Chuang, Esq.

On May 20, 2010, the Bankruptcy Court for the Eastern District of California followed several other courts in striking claims by lenders who are unable to Read More > ...

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Short Sales: Buyer’s Bonanza or Boondoggle?

by Peter N. Brewer, Esq.

Short sales are commanding a lot of attention these days, but from the Buyer’s perspective are they a bargain, or a bust?  This article discusses a Read More > ...

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Can A Lis Penden Be Recorded On A Dominant Tenement In An Easement Dispute?

by Simon Offord, Esq.

In the recently-decided case of Park 100 Investment Group II v. Ryan, two attorneys were sued for wrongfully recording a lis pendens in a prior action. Read More > ...

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Lost Your Promissory Note?

by Julia M. Wei, Esq.

As foreclosure rates rise and the legislative bodies nationwide rush to address this, plaintiffs lawyers are also cashing in with “Foreclosure Defense” lawsuits. Borrowers pay a Read More > ...

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Lien Priorities and Subordination Agreements

by Peter N. Brewer, Esq.

Subordination Agreement that Omits Intervening Deed of Trust Is Subject to Partial Subordination A fresh new case gives us the opportunity to study lien priorities and Read More > ...

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If I Lose My Home In Foreclosure Am I Still Liable For The Debt?

by Peter N. Brewer, Esq.

Regrettably, many homeowners these days are finding that their homes are under water, meaning they are worth less than the amount owed on them. Naturally, they Read More > ...

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How Much Wood Would A Woodchuck Chuck If A Woodchuck Repeatedly Filed For Bankruptcy Protection: The Automatic Stay In Repeat Bankruptcy Filings (Part One)

With the threat of foreclosures on the rise, filing for bankruptcy is becoming more attractive to many homeowners since filing imposes an automatic stay, or legal Read More > ...

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The Distressed Property Owners Have Filed for Bankruptcy – What Does That Mean To the Pre-Foreclosure Investor?

by Julia M. Wei, Esq.

In California the requirements to conduct a trustee’s sale are very strict. Between the recording of the Notice of Default and the actual foreclosure sale, often Read More > ...

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Past Litigation is a Material Fact that Sellers are Obligated to Disclose

by Julia M. Wei, Esq.

In California, sellers have a legal obligation to disclose any material facts affecting the desirability of the property. This duty is not only rooted in the Read More > ...

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The Property Has a Judgment Lien – What Does That Mean To the Pre-Foreclosure Investor?

by Julia M. Wei, Esq.

A cautious investor will always check the public records to see what liens the investment property has against it, prior to acquisition. In some cases, investors Read More > ...

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Commission Splits, Kickbacks, and Referral Fees

by Peter N. Brewer, Esq.

Nancy Neighbor refers a plum listing to Andy Agent. Andy is considering sending a “gratuity” to Nancy. Andy knows Nancy fancies champagne, and Andy has found Read More > ...

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Is A Personal Guarantee Enforceable for a Deficiency After A Trustee’s Sale?

by Peter N. Brewer, Esq.

When a lender forecloses on a defaulted debt and the foreclosed security does not net enough money at the foreclosure sale to fully repay the debt, Read More > ...

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Seller Carryback Financing and Anti-deficiency Laws

by Julia M. Wei, Esq.

For many investors, the sooner they can sell a property to recognize their profit and re-invest their capital, the better. These days, both conventional and private Read More > ...

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Lis Pendens – What Is It and How Does It Affect Title?

by Julia M. Wei, Esq.

In California, court documents are filed with the courts, and documents affecting real property are recorded with the Recorder’s Office of the county where the property Read More > ...

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Commercial Leasing Issues – When a Tenant Files Bankruptcy

by Julia M. Wei, Esq.

Bankruptcy Commencement The Petition Most common filings The Automatic Stay on Creditor Action The Scope and Duration of the Stay Assets and The Bankruptcy Estate Property Read More > ...

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Who’s On First? – Lien Priority in California

by Julia M. Wei, Esq.

The law in California regarding lien priority is generally, “first in time, first in right.” There are exceptions however, as some liens have “skipping” power. In Read More > ...

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If a seller successfully defends a lawsuit without first seeking mediation, is the seller eligible to recover attorney fees?

by Peter N. Brewer, Esq.

This question has now been considered in two significant appellate decisions. In the more recent of the two cases, the defendant sellers filed a cross-complaint. Did Read More > ...

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Even After Refinancing a Loan, A Borrower Can Rescind That Loan for TILA Violations

by Julia M. Wei, Esq.

On April 27, 2006, the California Court of Appeal ruled that a borrower’s right to rescind the transaction for a Truth In Lending Act violation survives Read More > ...

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Relief from Stay Can Be Made Retroactive, Thus Validating Acts Done In Violation of the Stay – But May Still Subject You to Liability to the Debtor for Damages Arising Out of the Violation

by Peter N. Brewer, Esq.

In an April 2005 appeal to the U.S. Bankruptcy Appellate Panel, the Appellate Court retroactively annulled the debtor’s automatic stay, thus validating a foreclosure that had Read More > ...

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Yield Spread Premiums – Will They Be Considered A Part Of The Total Points and Fees Payable At Closing?

by Julia M. Wei, Esq.

Will They Be Considered A Part Of The Total Points and Fees Payable At Closing? On December 2, 2004, the California Court of Appeal, Fourth Appellate Read More > ...

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Lender Whacked For $33M In Punitives

by Peter N. Brewer, Esq.

GMAC Commercial Mortgage Corporation, finding that GMAC breached its Security Agreement with its borrower, 1601 McCarthy Boulevard, LLC. The jury found GMAC guilty of breach of Read More > ...

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Mortgage Elimination Scams Sweeping The Nation

by Peter N. Brewer, Esq.

If a seller successfully defends a lawsuit without first seeking mediation, is the seller eligible to recover attorney fees? This question has now been considered in Read More > ...

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The Broker Arranged Loan Exemption From Usury Comes Under Attack

by Peter N. Brewer, Esq.

A Broker Who Prepared The Loan Documents, Ordered Title Insurance and Dispersed the Funds, Did Not “Arrange” the Loan for Purposes of Exemption from Usury A Read More > ...

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“Operation Of Law” Postponements Under C.C. § 2924g

by Peter N. Brewer, Esq.
by Julia M. Wei, Esq.

Or When Is A Non-Judicial Foreclosure Sale Stayed By An Appeal Recently the California Court of Appeal (Second Dist.- Los Angeles) made a determination of whether Read More > ...

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The Newest Insurance Crisis – Will You Be The Next Victim

by Peter N. Brewer, Esq.

The Newest Insurance Crisis – Will You Be The Next Victim? The Problem: Will your next home purchase or sale fall through because of little fellas Read More > ...

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Fence and Boundary Line Disputes – The Legal Sausage

by Peter N. Brewer, Esq.

The Legal Sausage You just discovered that the fence between your house and your neighbor’s, which has been there for years, is displaced from the true Read More > ...

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Competing Ownership Interests – Distressed Properties

by Peter N. Brewer, Esq.

What Happens When You Buy A House That Is About To Be Foreclosed Upon? Recently the California Appellate Courts contemplated a situation where it appeared that Read More > ...

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Landlord-Tenant Law: Legislation Affecting Real Estate as of 2003

by Julia M. Wei, Esq.

Legislation Affecting California Real Estate as of 2003 Many of us have been renters at some point in our lives. As tenants, we worried about the Read More > ...

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Home Buyers Are Now Required To Be Tax Police under Revenue & Taxation Code Section 18662

by Peter N. Brewer, Esq.

California Franchise Tax Board Puts Burden on Buyer to Withhold Seller’s Tax Liability The Change to the California Tax Law Affecting Real Estate: A change in Read More > ...

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Defective foreclosure sales in California – What Are Your Rights?

by Peter N. Brewer, Esq.

What Are Your Rights? Your property was in foreclosure but you had a plan to rescue it. You contacted the lender and reached an agreement to Read More > ...

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If your household worker or contractor is injured, will you be liable?

by Peter N. Brewer, Esq.

Do The OSHA (Occupational Safety & Health Administration) Rules Apply to You? Does Your Homeowner’s Insurance Protect You? THE PROBLEM: If your housecleaner, gardener, or handyman Read More > ...

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