Transfer in Co-ownership

Family Code 1100(b) - Spouses Can Gift No More than Half of the Community Property

Family Code 1100(b) – Spouses Can Gift No More than Half of the Community Property

Community Property Laws Allow Spouses to Give Away No More than Half of the Community Estate, During Life or Upon Death in a Will or Trust While many spouses have tried, the law does not allow a living or deceased spouse to give away more than half of the community property marital estate, including in … Read More

escrow-holder-liability-damages

Escrow Holder Liability and Related Damages – A Simple Framework

Escrow Holder Liability Theories An escrow holder is typically able to be held liable on theories of: breach of contract, general negligence, and breach of fiduciary duty, among others which will not be discussed herein. Talkov Law, however, does have a stable of attorneys ready to assist with any other potential theories of liability which … Read More

escrow-holder-third-party-liability-escrow

Escrow Holder Liability to Third Parties – A Simple Framework

What is Escrow? What is an Escrow Account? Escrow disputes may arise in a real estate or business context. One typical area where escrow is used and may be the source of litigation is in the course of a purchase and sale. Escrow disputes are one of many potential issues which may arise in the … Read More

Lis Pendens Expungement California Real Estate Attorney

5 Grounds for Lis Pendens Expungement – A Simple Guide

What is a Lis Pendens? In essence, a lis pendens is a notice of pending litigation against a piece of real property. A lis pendens means a “notice of the pendency of an action in which a real property claim is alleged.” See Code Civ. Proc. § 405.2. A party who asserts a claim against … Read More

Cash for Keys Offer Agreement Letter Form Template Sample

Cash for Keys Offer & Agreement [Letter Form Template Sample]

Cash for Keys Offer Letter & Cash for Keys Agreement Given our current economic conditions and legal constraints, many landlords are unable to effectively proceed with an unlawful detainer (eviction) while many renters are undergoing financial distress that causes them to be unable to move or pay rent. Many landlords have decided to offer cash … Read More

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 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

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