Magazine Archive
Successfully Dealing with Squatters
Believe it or not, the term “Squatter” is a recognized legal term with a specific meaning. Black’s Law Dictionary 7th ed. provides the following definition: “[S]quatter – A person who settles on property without any legal claim or title.” Black’s also provides the following definition of “[S]quatter’s [R]ights:” “The right to acquire title to real...
Read ArticleEaston v. Strassburger: A 40-Year Legacy for the Law of Disclosure in Residential Real Property Transactions
In May 1976, Leticia Easton purchased a home in the Contra Costa County community of Diablo for $170,000 – a substantial price at the time. Soon after the sale closed escrow, earth movement led to foundation settlement and cracking and warping of walls and doorways of the home. Ensuing landslides caused further damage and also...
Read ArticleComing to a Shuttered Mall Near You – an apartment complex
California’s AB 2011 passed in 2022. While housing advocates and cities were aware of the bill, most of us were not. That has changed recently, as high-density housing projects are receiving streamlined permit approvals and local news outlets have covered surprised neighbors or angry city council members.[1] So, what does AB 2011 do? It allows...
Read ArticleThe Future of Real Estate Commissions in California Post-NAR Settlement
For decades the norm in the country for a person selling a home was to pay both her own agent and the buyers agent. In addition, the buyers share of that commission had to be listed in order to advertise the home on the large regional or state Multiple Listing Service sites (MLS). Realtors claimed...
Read ArticleNavigating Market Downturns: When Legal Expertise is Essential in Real Estate Transactions
I started my legal career in 2009 when the subprime mortgage bubble busted. What I did then to land my very first job out of law school was cold called all USF Alumni specializing in real estate, banking and bankruptcy law. It seemed obvious then that there would be lots of legal work stemming from...
Read ArticleProposition 19: A Three-Year Retrospective
Well, How Did I Get Here?[1] In 1986, California voters approved Prop 58 to provide a relatively generous exclusion from property tax reassessment for transfers between parents and children. Prop 60 passed the same year, granting homeowners over the age of 55 a once in a lifetime ability to transfer taxable value to a new...
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