Practical Points for Real Estate Agents

Point 1: Lease/Options Can Be Dangerous for Listing Agents Lease/Options have many complex aspects and real estate agents have to be very careful if they get involved. For example, there are three types of payments by the potential buyer before close of escrow: the option payment, the lease security deposit, and the earnest money deposit. […]
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Is a Landlord Entitled to Recover Money Awarded to a Tenant for Goodwill in a Condemnation Action? 

In the case of Thee Aguila, Inc. v. Century Law Group, LLC (2019) 37 Cal.App.5th 22, landlord sued its former tenant after the tenant was awarded $6 million for loss of goodwill resulting from eminent domain proceeding.  The landlord took the position that its lease required the tenant pay it the money received in such […]
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Time Is Of The Essence Clauses: Do They Always Require Strict Compliance With The Contract?

In Magic Carpet Ride, LLC v. Rugger Investment Group, LLC (2019) DJDAR 9998, Rugger contracted to sell its airplane to plaintiff Magic Carpet Ride (MCR).  The airplane was subject to a mechanic’s lien which was required to be removed.  The escrow on the plane closed and MCR took possession of the plane and gave Rugger […]
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Discussions Between Neighbor and Real Estate Agent Are Not Worthy Of Protection Under California’s Anti-Slapp Statute

Article Written by: Brian Smith A recent decision from the California Court of Appeal highlights the often competitive nature of the residential real estate market in Los Angeles and the heated exchanges which can take place between property owners, neighbors, and real estate agents in such transactions. In fact, the decision explains that all parties […]
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Can A Broker Avoid Its Duty To Physically Inspect The Property?

Article Written By: Rinat B. Klier Erlich The recent California Governor executive order and the continued practice of brokers require a refresher on the brokers’ duties of inspection so that brokers understand what they may or may not do. One of those duties is the broker’s duty of physical inspection, which is required before completing […]
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