For a California real property owner, liability to third parties for their injuries on the property requires that the injured person prove the owner had a duty of care to the injured party, there was a breach of the duty of care that was the proximate cause of the injuries,…
For a parcel to be “landlocked,” the owner must have no legal right of access to the property. They would have to cross someone else’s land, but the problem is that they do not have a legitimate easement which gives them that right. In cases where traditional easements do not…
When someone who owes a debt transfers property out of their name in order to prevent the creditor from collecting against that property, the transfer may be set aside under the Uniform Fraudulent Transfer Act. A classic move seen by business and real estate attorneys is the transfer of real…
California real estate financing typically includes a note and deed of trust. In event of default the trustee named in the deed of trust is a third party who would conduct the non-judicial foreclosure process, and hold a trustee sale. This is not a true ‘trustee’ with fiduciary duties but…
Easements in California usually grant a restricted right to a specified use of another’s real property. The use may not go beyond that which is described, and the owner of the underlying property (the “servient tenement”) is allowed to use the property in any way which does not unreasonably interfere…
Real Estate investors in California often work through a licensed Broker, who puts together investor’s cash with potential borrowers. Investors prefer these arrangements (hard-money loans) because they can obtain a higher interest rate for their money, fully secured by a deed of trust recorded against real property. These loans are…
Most California real estate appraisals are done to obtain a loan secured by the property, often involving the initial purchase. The lender requires the appraisal, often requiring the borrower to pay for it. However, parties other than the lender obtain copies of the appraisal. The question then arises, who may…
Expert opinions are occasionally relied on in California real estate disputes. Experts may be hired initially to determine if there are grounds for a lawsuit. In ongoing litigation, an expert may be hired to offer an opinion to establish damages, or to serve as a witness at trial as to…
In California, every contract includes an implied obligation not to do anything that prevents the other party from benefiting from the contract, and to cooperate if necessary for the other party. This is called the implied covenant of good faith and fair dealing. It does not create a new obligation but…
<big>In commercial real estate transactions, disclosures and representations are often heavily negotiated terms. Sacramento real estate attorneys work with the Buyers and Sellers where the Buyer/Investor seeking complete disclosure and subsequent liability of the Seller, while the Seller seeks the opposite. In a recent decision, some investors were buying tenancy-in-common…