Co-Ownership

Real Estate Statute of Frauds Lawyer Attorney California Riverside Inland Empire Los Angeles Orange County San Diego

Lange v. Schilling – Refusal to Mediate Before Litigation Sacrifices Right to Attorney’s Fees in CAR Contracts

Lange v. Schilling (2008) 163 Cal.App.4th 1412 – Refusal to Mediate Before Litigation Sacrifices Right to Attorney’s Fees Under California Association of Realtors (CAR) Form Lease and Purchase and Sale Agreement Buyers, sellers, tenants and landlords should beware of filing a lawsuit before attempting to mediate under the CAR form purchase and sale and lease agreements. … Read More

Real Estate Statute of Frauds Lawyer Attorney California Riverside Inland Empire Los Angeles Orange County San Diego

California Evidence Code 662 Requires Clear and Convincing Evidence of Real Property Ownership Contrary to Record Title

California Evidence Code Section 662 Clear and Convincing Evidence Standard in Partition and Quiet Title Ownership Disputes California Evidence Code Section 662 is a fundamental rule of California real estate law that prevents record owners from being subjected to meritless claims by others claiming to be the equitable owner. “According to the ‘form of title’ … Read More

Real Estate Law

Escrows Can Be Negligent, Even While Following Escrow Instructions

California escrows perform an important role in modern real estate and business transactions. While escrow holders are not exempt from negligence, many escrows have made such an argument, contending that they cannot commit negligence so long as they follow the escrow instructions. One court summarily rejected the arguments of a “malfeasant escrow holder [that attempted] to … Read More

Warning: Email Wire Instruction Fraud Scam Hitting Real Estate Industry

Warning to the real estate industry: a widespread real estate fraud is currently underway that could cost you and your client tens, or even hundreds, of thousands of dollars. The Scam The scam is simple: the scammer obtains access to information concerning a pending real estate transaction, using this information to impersonate a party to … Read More

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