Cancellation excuses further performance
When is a buyer or seller entitled to exercise their right to cancel a purchase agreement and escrow instructions?
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Tag: breach of contract
Is a commercial tenant liable for all rents owed under a lease agreement when they breach a settlement agreement calling for payment of a lesser amount?
Creditors Adjustment Bureau, Inc. v. Imani
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Failing to qualify, or just cold feet? More homebuyers backing out of deals in 2022
June 2022 saw the most escrow cancellations since the 2020 pandemic disruption.
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Buyer breach of contract in a decreasing price environment: Seller remedies
Things get messy when a buyer breaches a contract. Buyers and sellers alike ought to understand the legal ramifications involved.
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Attornment clauses in nonresidential leases
This article discusses attornment, subordination and nondisturbance clauses in nonresidential...
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Brokerage Reminder: Disbursement of funds when a transaction fails
Keep yourself informed about the rules surrounding disbursement of funds held in escrow after a failed transaction.
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Case in Point: Is your attorney fee provision limited to a breach of contract?
Beware the attorney fee provision that covers more than the enforcement of contract provisions.
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Collecting fees when the buyer breaches
Concerned about your fees if a buyer fails to close escrow? Read on to find out how to handle a buyer’s breach of a purchase agreement.
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When is a failure to perform an eviction-worthy breach?
A tenant’s breach of altered rental agreement provisions raises two questions.
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Landlord not liable for tenant’s lost business during renovations
A nonresidential tenant entered into a lease agreement with the landlord for possession of space...
Read MoreA developer recovers lost profits when profits are established as predictive, not speculative
A real estate developer entered into a development agreement with a local agency to develop a parcel of land. The local agency breached the development agreement, causing the developer to lose profits. The developer sought to...
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City’s cancellation of development agreement is not justified by city’s unexpected interference
A real estate developer entered into a development agreement with a local agency to develop a...
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October 2010 RCDs
A digest of recent court cases affecting real estate.
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March 2010 RCD
A digest of recent court cases affecting real estate.
Read MoreFebruary 2010 RCD
A digest of recent court cases affecting real estate.
Read MoreClients complain about non-disclosing brokers and their agents
Disputes between clients and their agents (read: employing brokers) regarding the disclosure of property conditions now edge out agency issues as the most common complaint filed nationally against agents, according to a recent...
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Legislative Gossip
Stay on top of current pending California legislation affecting real estate!
Read MoreSeptember 2009 RCD
A digest of recent court cases affecting real estate.
Read MoreLender, escrow and referral fees
This chapter analyzes redundant charges imposed on buyers and sellers for the basic services necessarily rendered by lenders, escrow companies and title insurance companies to earn the primary fee they charge. The hidden costs...
Read MoreMay 2009 RCD
A digest of recent court cases affecting real estate.
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