New laws update real estate disclosures in California
AB 1289 has made several changes to real estate disclosure requirements, effective January 1, 2019.
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Category: Forms
May a landlord set a late payment fee as a percentage of the rent?
Del Monte Properties and Investments, Inc. v. Dolan Facts: A landlord rents a residential property...
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Is a landlord liable for unintentional damage to a holdover tenant’s personal property?
Multani v. Knight Facts: A landlord leases a commercial property to a tenant. When the lease term...
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Is an owner liable for the nondisclosure of a material defect they are not aware of?
RSB Vineyards, LLC v. Orsi Facts: A property owner hires a contractor to renovate a property....
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Is occupancy sufficient to establish residency for the purposes of claiming a homestead exemption?
In re Gilman Facts: An owner living in a residential property files for bankruptcy. The owner...
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Failure to submit all offers: a reportable offense
This article examines the myth that California real estate brokers and their agents are only allowed to use real estate forms published by trade unions.
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Agent and Broker-Associate Employment Agreements — Forms 505 and 506
The agent’s and broker-associate’s written right to compensation
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Disclosure of a Conflict of Interest and Affiliated Business Arrangement — Forms 527 and 519/205
When a broker has a competing professional or personal bias which might hinder their ability to fulfill the fiduciary duties they have undertaken, a conflict of interest arises.
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Transaction Coordination Sheets for the Seller’s and Buyer’s Agent — Forms 521 and 521-1
Use a transaction coordination sheet to organize, track and maintain all transaction activities.
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Counteroffer, and Rejection of Offer — Form 180 and 184
Several contractual procedures exist for a seller to respond to an unacceptable offer.
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Authorizations to Prepare a Home Inspection Report and an NHD Report — Form 130 and 131
Third-party investigative reports contained in a seller’s marketing package put a face on the property so it can be fully evaluated by prospective buyers and a sale more effectively negotiated.
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Exclusive Authorization to Locate Space, and User Lease Worksheet — Form 111 and 555
An employment agreement signed by a user assures the broker and leasing agent they are entitled to a fee when the user leases space of the type and in the area noted in the authorization.
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Marketing Package Cost Sheet, and Authorization to Vendors to Provide Services — Form 107 and 133
For the most efficient delivery of property information for presentation to prospective buyers, the seller’s agent at the listing stage gathers data on the property and organizes it into a marketing package.
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Agent Interview and Income Data Sheet — Form 500 and 504
As a broker, your success depends in large part on the quality of the individuals you employ.
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Exclusive Authorization to Lease Property, and a Schedule of Leasing Agent’s Fees — Form 110 and 113
When you, as a broker or an agent of your broker, enter into an exclusive authorization to lease with an income property owner, you are assured payment of a fee for your efforts when anyone procures a tenant for the described space during the listing period.
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Agency Law Disclosure For Leases Greater Than One Year —Form 305-1 and 550-2
The Agency Law Disclosure is a restatement of conduct as voiced by codes and case law. To cover the distinctions in nomenclature between sales and leasing transactions, RPI publishes two different versions of the agency disclosure form to enhance comprehension.
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Offer for Land Sales Contract and Land Sales Contract – All-Inclusive with Power of Sale
As straight-forward as the land sales contract may sound, in practice it has proven to be an extremely fragile financial and legal affair for all involved.
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The down and dirty on bed bugs
Form-of-the-Week: The down and dirty on bed bugs: Bed Bug Addendum and Statement of Pest Control...
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Purchase agreement cancellation – termination of right to buy or sell
The proper form and procedure for cancellation of a written agreement.
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Residential landlords to provide bed bug disclosures
New bed bug disclosure requirements for residential landlords.
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