A recent California decision looked at a case where a seller of real property did not disclose recorded deed restrictions, but the buyer received a Preliminary Report from a title company which referred to the recorded restrictions, but did not describe them. The buyers claimed that they never read the…
Typically, not much attention is given to the language of arbitration provisions in contracts, especially California real estate purchase and sale contracts or leases, and never by consumers. A recent group of California decisions point out that rather than just initially the paragraph, contracting parties should consider what the provision…
Despite the best intentions, sometimes deeds get altered by someone other than the person granting the property, before they are recorded. What is the effect of the deed, once it is recorded? A recent California appellate decision addressed the issue in a case with unusual facts, this time dealing with…
A commercial lease in California stated that the premises contained approximately x square feet. It also stated that the parties agreed that it was a reasonable approximation and payments based on the size are not subject to revision if the actual size is found to be different. The tenant paid…
Prescriptive easement law evolved from the problems locating property lines in rural areas. Traditional real estate law provided the concept was that, if you used your neighbors land, by running livestock across it, building a road on the neighbors side of the property line, or so other use, the victimized…
California Courts have been refusing to enforce arbitration provisions that appear in homebuilder’s contracts. These provisions often appear in the purchase agreement, home buyer’s warranty application, and even the project’s Declaration of CC&R’s recorded before any houses are sold. The Courts are finding the provisions to be “unconscionable.” An unconscionable…
When is Saturday a holiday? How to calculate when to exercise an option, give notice, and other deadlines.California Code of Civil Procedure 10 defines holidays as only Sunday and other days specified elsewhere in the Code. This must be read in conjunction with Code of Civil Procedure 12a, which states…
A buyer contracted to buy 10 acres of land subject to a study to determine whether the property could be subdivided. The contract provided that, during the study period, the buyer, “at its absolute and sole discretion,” could cancel the contract. The seller cancelled the escrow, and Buyer sued. The…