Pivot Off-Market Listing and Fair Housing Off-market listings, also known as “exclusive” or “pocket” listings, happen when the property is withheld from the MLS.
Pivot Cancellation Right Associated with Delivery of the Visual Inspection On January 1, 2019, several real estate “clean-up” laws become effective to eliminate confusion in the existing law.
Pivot Top 5 Consiglieres It is halfway through the year of 2019. Here are five previously discussed legal issues that real estate professionals should continuously be aware heading into the second half of the year.
Pivot Avoid Discriminating Words in Your Advertisements The Fair Housing Act governs the actions of all real estate professionals, and Section 804(c) of the act makes it “unlawful to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or […]
Pivot Probate Real Estate Sale Process When the sale of real property is necessary in a probate proceeding, the court usually allows the estate personal representative to hire real estate professionals to sell the real property.
Pivot New and Revised CAR Forms June 2019 The CAR forms are standard real estate transaction documents created by the California Association of Realtors.
Pivot Selling with Solar Panel Leases and PACE Liens “Going green” has always been a goal of California homeowners whether to reduce utility bills or be environmentally friendly.
Home Improvements “CAN-SPAM” Act Compliance The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN–SPAM”) regulates the sending of commercial e-mails.
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Pivot RE Contract: Contingency Removal and Seller Cancellation The CAR purchase agreement requires the buyer to actively remove contingencies.
Pivot Qualified Business Income Deduction for Real Estate Agents and Brokers Under the “Tax Cuts and Jobs Act” of 2017, eligible small business owners are entitled to a deduction of up to 20 percent of qualified business income (QBI).
Pivot Property Line and Boundary Disputes Boundary disputes with an adjacent neighbor are not uncommon for new buyers or long time property owners. Sometimes buyers encounter an inaccurate deed description and face a neighbor’s unwanted use of their property.
Pivot Antitrust Law in Real Estate Federal and state law prohibits realtors from agreeing with other realtors to eliminate competition and set standard pricing.
Pivot New and Revised CAR Forms Happy 2019! The CAR forms are standard real estate transaction documents created by the California Association of Realtors.
Home Improvements NEW AND REVISED CAR FORMS JUNE 2018 The CAR forms are standard real estate transaction documents created by the California Association of Realtors. These forms are constantly updated to reflect current California laws and rules. The Standard Forms Advisory Committee (SFAC) will release three new and eight revised forms next month.  Below are a summary of the recently created or modified CAR […]
Home Buying Process 5 Things to Know Before Buying Within an HOA When purchasing property that is part of a homeowners’ association (HOA), buyers should be aware of the following five things:
Pivot 2018 SWIMMING POOL INSPECTION LAW SB442, codified as Business and Professions Code Section 7195, effective January 1 2018, doubles the safety standards for residential swimming pools. The law requires any new pool or spa, or any remodeling of an existing pool or spa, to include at least two of the seven drowning prevention safety features outlined below. Formerly, the law […]
Home Improvements SELLING YOUR RENTAL PROPERTY IN CALIFORNIA When landlords decide to sell a residential rental property in California, tenants can sometimes be a bit of a wild card. Most sellers prefer to list properties vacant for a variety of reasons. Tenants have a lot of rights at law and it’s important to understand the local rules when helping to administer the end […]
Pivot AVOID CODE OF ETHICS VIOLATIONS The Code of Ethics and Standard of Practice of the National Association of Realtors (“NAR”) has been a vital part of the real estate industry. It was created by NAR more than 100 years ago, and the Code now has 17 articles covering fair dealings with clients, the public and colleagues. Failure to comply can […]
Pivot MEDIATION & ARBITRATION CLAUSES IN PURCHASE CONTRACTS Dispute Resolution in the CAR and PRDS purchase agreements Both the CAR and PRDS purchase contracts have a mandatory mediation clause and an optional arbitration clause. The parties to an agreement need to initial the arbitration clause in order to invoke it, while the mediation clause is built-in as a part of the purchase agreement. […]
Pivot ANTITRUST LAW IN REAL ESTATE The purpose of antitrust laws is to preserve a competitive economy in the free market. Under Section 1 of the Sherman Act, “[e]very contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade… is hereby declared illegal.” When two or more brokerages conspire to restrain trade, a per se violation of […]