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Understanding Transfer on Death Deeds

July 18, 2024 | By

The purpose of this article is to explain what a Transfer on Death (TOD) Deed is. TOD Deeds are designed to help people, especially the elderly, transfer their residential property more easily and at a lower cost. These deeds allow property transfer without the need for a will or living trust, which would typically require going through probate.

Before January 2016, the only ways to transfer property after the owner’s death were through joint tenancy with right of survivorship, probate, or a trust transfer deed. The laws establishing TOD Deeds were initially set to expire in 2021 but have been extended to 2032.

What is a Transfer on Death Deed?

A TOD Deed allows the property owner (grantor) to transfer their property by filling out and notarizing a form. This …

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Posted In: Blog, Estate Planning, Real Estate Transactions

If Walls Could Talk: Understanding the Duty to Disclose in California Real Estate

July 15, 2024 | By

In the landmark case of Reed v. King (1983), the California Court of Appeal tackled the issue of whether a seller must disclose that a house was the site of a multiple murder. Dorris Reed purchased a house from Robert King, who, along with his real estate agents, failed to inform her that a woman and her four children had been murdered there ten years prior. Reed only learned about the murders from a neighbor after the purchase. She sued for rescission and damages, claiming the non-disclosure affected the property’s market value and desirability.

The court reversed the initial judgment, which had dismissed Reed’s complaint. It emphasized that sellers must disclose facts materially affecting the value or desirability of the property, especially if such facts are not readily observable by …

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Posted In: Blog, Failure to Disclose, Real Estate Litigation

Hidden Hazards: The Thomases’ Battle with Unpermitted Structures and Past Violations.

July 12, 2024 | By

Imagine purchasing your dream property only to be blindsided by fines and legal battles over issues you didn’t create. This is the reality for the Thomases in Humboldt County, California. After buying a property unknowingly used for illegal cannabis cultivation by previous owners, they now face at least $1 million in fines due to an unpermitted structure. This case underscores the critical importance of thorough property investigations before buying, as hidden violations can lead to significant financial and legal consequences for new homeowners.

Background

In 2019, Humboldt County’s code enforcement department raided the property in Miranda, an unincorporated community, and shut down an illegal cannabis operation. The then-owners were cited for unlicensed cultivation and having an unpermitted structure, leading to an administrative penalty of $12,000 over 90 days.

Six days …

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Posted In: Blog, Failure to Disclose, Real Estate Litigation

Court Strikes Down Excessive Default Interest Penalties: What Borrowers Need to Know

July 8, 2024 | By

In a landmark decision that has significant implications for borrowers, the California Court of Appeal in Honchariw v. FJM Private Mortgage Fund, LLC ruled that excessive default interest and late fees in non-consumer loans can be deemed unenforceable penalties. This ruling serves as a critical reminder for borrowers to be vigilant about the terms of their loan agreements and offers a pathway to challenge unfair penalty provisions.

Case Background

Nicholas and Sharon Honchariw borrowed $5.6 million from FJM Private Mortgage Fund, LLC, secured by commercial real estate. Their loan agreement included an interest rate of 8.5% per annum, a 10% late fee on missed payments, and a default interest rate that increased to 18.49% upon any default. When the Honchariws missed a payment of $39,667 on September 1, 2019, these …

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Posted In: Blog, Mortgage Litigation, Real Estate Litigation

Correcting Identity Errors in Real Estate Deeds: Ensuring a Clear Chain of Title

July 4, 2024 | By
Correcting Identity Errors in Real Estate Deeds

In the complex world of real estate, the accuracy of deed documentation is crucial for maintaining a clear chain of title. Errors in the names of grantees or grantors can lead to significant legal and financial complications. Understanding the process of correcting these errors is essential for property owners, real estate professionals, and attorneys. This blog delves into the methods and legal considerations for correcting identity errors in deeds, drawing insights from Miller & Starr’s authoritative guide on California real estate law.

The Importance of Correcting Deed Errors

When a deed contains a misnomer or a slight difference in the spelling of a name, it can create ambiguity about the identity of the property owner. Such discrepancies can disrupt the chain of title, making it difficult to establish clear …

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Posted In: Blog, Real Estate Transactions

Buyer Beware: Court Upholds Broker’s Commission Claim in Real Estate Dispute

July 1, 2024 | By
Court Upholds Broker's Commission Claim in Real Estate Dispute

In Chan v. Tsang, the California Court of Appeal examined whether a buyer’s broker can recover a commission from a buyer who unjustifiably refuses to complete a real estate transaction. The court determined that the buyer was responsible for paying the broker $100,000, the commission that would have been earned from the seller if the buyer had fulfilled the purchase agreement.

Tsang (the Buyer) expressed interest to Chan (the Broker) in purchasing commercial property. The Broker introduced the Buyer to a property owned by Mountain View Center Associates (the Seller). The Seller accepted the Buyer’s offer of $4 million, with the Broker’s commission set at $100,000.

However, the Buyer later backed out of the deal without any valid reason. This led to lawsuits between the Seller, the …

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Posted In: Blog, Broker/Agent Liability, Real Estate Litigation

Understanding Seller Financing: Key Questions and Legal Considerations

June 22, 2024 | By
Understanding Seller Financing: Key Questions and Legal Considerations

Seller financing, also known as a seller “carry back,” is when a property seller extends credit to a buyer to assist with the purchase. This approach can simplify transactions but requires compliance with various state and federal regulations. Here’s an overview of crucial points and common questions regarding seller financing.

Key Questions to Consider in Seller Financing

  1. Specific Disclosures:

    • California law mandates specific disclosures for certain seller financing transactions. For instance, the Seller Financing Addendum and Disclosure (C.A.R. form SFA) is necessary for 1-4 unit residential properties when an arranger of credit is involved.
  2. Arranger of Credit:

    • Typically, the buyer’s real estate agent acts as the arranger of credit. This role can be played by anyone who is not a party to the sale and who is involved
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Posted In: Blog, Real Estate Transactions

Demand Letters vs. Litigation: Choosing the Right Path for Your Dispute

June 19, 2024 | By

When facing a legal dispute, one of the first decisions you’ll need to make is whether to start with a demand letter or proceed directly to litigation. Each approach has its own set of advantages and disadvantages, and the best choice depends on the specifics of your situation. 

What is a Demand Letter?

A demand letter is a formal written request sent to the opposing party, outlining your legal claims and the actions you want them to take, such as paying a debt or ceasing a particular behavior. The letter often serves as a precursor to litigation and is designed to resolve the dispute without the need for court intervention.

Pros of Using a Demand Letter

  • Cost-Effective

      • Demand letters are significantly cheaper than litigation. The cost of drafting and
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Posted In: Blog, Client Resources

Zoning Laws and Land Use Disputes: Legal Insights and Solutions

June 14, 2024 | By

Zoning laws and land use regulations are crucial in shaping the development and organization of communities. They dictate how land can be used, what structures can be built, and ensure that property use aligns with community goals and standards.

However, these regulations can also lead to disputes, often requiring legal intervention to resolve. In this article, we will explore the intricacies of zoning laws, common land use disputes, and how a real estate litigation lawyer can provide effective solutions.

Understanding the Zoning Laws in California

Zoning laws are local regulations that govern how land can be used within specific areas or “zones” of a municipality. These zones can include residential, commercial, industrial, agricultural, and mixed-use areas, each with distinct rules and restrictions.

The primary objectives of zoning laws are to:…

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Posted In: Blog, Real Estate Transactions

Understanding Partition Actions in California: A Guide for Co-Tenants

May 30, 2024 | By

In California, partition actions are a common legal remedy for co-owners who want to end their shared ownership of a property. This process can lead to either the sale of the property and division of the proceeds, or the physical division of the property into separate parcels.

This article will guide you through what a partition action entails, especially focusing on how co-owners can manage improvements and repairs to the property. We’ll delve into the rights and responsibilities of co-tenants, how to claim reimbursement for property enhancements, and the intricacies of handling these situations in court.

The Partition Action

In California, a partition action is a civil procedure used by a co-owner to end joint ownership of a property. This can result in either the sale of the property and …

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Posted In: Blog, Partition Actions, Real Estate Litigation