Estate of St. John v. Schaeffler
Is a landlord liable for injuries to a motorist on an adjacent roadway caused by a tenant’s livestock known to the landlord to be fenced in on the property?
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Due Diligence and Disclosures
Get the most for your clients and protect your hard-earned fee by reviewing the forms you’ll encounter in brokerage services. Stay current on the latest news, videos, forms, and updates for Due Diligence and Disclosures.
Latest Articles
May a lis pendens recorded on a property purchased with trust assets be expunged when the appointment of the successor trustee and sole beneficiary is disputed?
A California appeals court holds there is a real property claim when a property’s title is vested in the name of a disputed successor trustee.
Lessons from the Field: Incomplete TDS
An agent, retained by a seller of property, has a duty to have the seller-client enter their truthful responses to property conditions itemized on a Transfer Disclosure Statement (TDS).
Is a seller’s assignment of their claim against a broker for breach of fiduciary duty enforceable by the assignee when the broker fails to disclose the dual agency of their agents?
A California appeals court holds a cause of action against a broker for breach of fiduciary duty is transferable.
Wildfire protection is a statewide legislative concern for housing
Only when homes are no longer being built in wildfire zones will the wildfire risk fall to an acceptable level.
Reading the legal tea leaves — the parallel need to conform tenant representation to new buyer representation rules for commercial transactions
The new buyer representation rules have an application which may surprise some brokers – the negotiated, written representation of commercial tenant clients.
Changes to application screening fees charged by residential landlords
Landlords now need to actually have a unit readily available for a prospective tenant to occupy when they demand a screening fee for reviewing an application for approval or denial.
Letter to the Editor: What happens to buyer representation agreements and fees when an agent changes brokers?
A buyer representation agreement runs with the broker, not the agent.
DRE Bulletin Digest: Fall/Winter 2024
The DRE’s Real Estate Bulletin keeps licensees informed on new codes and regulations significant to real estate practice, common violations of real estate rules of conduct, and real estate education opportunities.
Errata & Updates
Chapter 2: The MLS environment. The updated statutory Agency Law Disclosure
and confirmation provision went into effect the beginning of 2019. Both the
content of the form and when it is to be used have been modified. For a
thorough analysis of the new disclosure and confirmation practices, see the
January 2019 article, What you need to know about the refreshed – and mostly
improved – Agency Law Disclosure.
Chapter 32: The breaching buyer’s responsibilities. The first subhead on page
350 should read “Interest depends on property use.”