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Common Real Estate Broker Conflicts
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Common Real Estate Broker Conflicts

Common Real Estate Broker Conflicts

Real Estate Litigation
Real estate brokers can be sued when they violate their obligations. Conflicts of interest are a breach of fiduciary duty, and they can be grounds for a lawsuit. Here are three examples of common real estate broker conflicts. Direct Buyer Preference If you are selling a home, your listing agent could earn double the commission if they represent the buyer too. However, they may recommend their own buyer who has presented an inferior offer. This costs you money while padding their own pockets. You may find yourself accepting less money or stuck with a buyer whose financing falls through. Recommending a Lower Offer Your real estate agent is paid on commission. They do not get their check until your deal closes. The faster the transaction closes, the quicker they get…
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Obligations of Landlords in California

Obligations of Landlords in California

Landlord/Tenant
The lease goes both ways, giving tenants and landlords legal responsibilities. In exchange for the rent, landlords have a number of obligations. Here are four things that landlords must do when renting property. Follow the Legal Process The landlord must follow the law when it comes to evicting a tenant. They are not allowed to use “self-help” measures to evict the tenant on their own. This includes things like changing the locks or moving a tenant’s belongings out into the street. Instead, the landlord must file a legal action and can only evict if they get a court order. Don’t Discriminate Landlords have numerous federal and state laws to follow that prohibit discrimination. If a landlord is rejecting a renter’s application, they must have a sound basis. They are not…
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Reasons Your Business Might File a Lawsuit

Reasons Your Business Might File a Lawsuit

litigation
When you have been in business long enough, chances are that you will end up in litigation. It is part of the game for a business, and you should be prepared for eventual litigation. Here are three reasons why your business may need to sue someone. Breach of Contract When you sign a valid agreement with someone else, it gives you each rights and obligations under the contract. When someone breaks the agreement and does not do what they have promised, they can be sued. A court could order the person to either perform in accordance with the terms of the contract or to pay damages. In some cases, the other party may have a different interpretation of the contract. Intellectual Property Your business has intellectual property that could include:…
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Overview of the Residential Eviction Process in California

Overview of the Residential Eviction Process in California

Landlord/Tenant
The eviction process in California is all about giving a tenant notice of the reason why the landlord wants to evict and allowing them an opportunity to correct the problem. Usually, the landlord must give the tenant three days’ notice if the lease has been broken by failing to pay rent or follow the other terms. In that period, the tenant is able to pay the back rent or fix the problem. However, if the tenant has committed a serious violation of the lease, the landlord could give them a three-day notice that they will start eviction proceedings with no ability for the tenant to fix the situation. Self-Help Is Forbidden The landlord cannot evict the tenant on their own. Everything must be through the courts. The landlord must file…
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Business Litigation FAQs

Business Litigation FAQs

litigation
Here are the answers to some questions that we are commonly asked about business litigation: Will My Case Go to Trial? Believe it or not, while litigation may be common, trials are actually rare. Most business cases will settle before the case actually goes to court. Even if one party files a lawsuit, the two sides will keep talking throughout the process. They may even end up opting for some type of mediation or arbitration to settle their dispute. What Are Common Causes of Business Litigation? The most common cause of business lawsuits is a contract dispute between the two sides. This could include: Differences in interpreting a term of the contractOne or both parties not living up to their obligations under the contractOne party denying that a contract exists…
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What Can Go Wrong During a Real Estate Closing?

What Can Go Wrong During a Real Estate Closing?

Real Estate Litigation
The time between contract and closing can be stressful for both buyers and sellers. Numerous hurdles could delay or kill a possible deal. Here is some of what gets in the way of real estate closing. Financing The buyer needs to have the money to complete the purchase. However, lenders may not like what they see in the buyer’s file. Some borrowers may have been pre-qualified but were not pre-approved, and their financing could fall through. Alternatively, the buyer’s financial situation may have changed since they were pre-approved. Inspection The buyer’s inspection may turn up issues that need to be resolved before closing. The parties could disagree over whose responsibility it is to fix the issues. The buyer sometimes threatens to walk away from the deal over inspection issues because…
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Risks of Not Reading Your Residential Lease

Risks of Not Reading Your Residential Lease

Landlord/Tenant
When you find the perfect rental housing for you and your family, chances are you are simply excited to sign on the dotted line and start moving in. You might assume that if you’ve seen one residential lease, you’ve seen them all, and many people simply sign without much of a glance at the terms of the agreement. However, each lease is different, and you should be sure you are agreeing to the specific terms of this particular lease before you sign. It is often wise to have an Encino landlord/tenant attorney review the lease for you. If you fail to read a lease, many issues can arise, including: You inadvertently violate one or more terms of the lease (such as a provision preventing subleasing), and your landlord seeks to…
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Do You have a Business Tort Claim?

Do You have a Business Tort Claim?

Business Disputes
“Torts'' is a legal term that means civil wrongs that cause harm to others. Between individuals, a tort might involve a car accident from negligent driving or a physical assault. However, what does torts mean in the business context? Businesses can file tort claims against individuals or other companies, and they can also face claims filed by others. One thing that business torts have in common is that they can all result in liability or losses to one or more parties. If you think you have a business tort claim, consult with an Encino business litigation lawyer about your options. Below, learn more about some common types of business torts claims. Breach of Fiduciary Duty Many people in a business organization have fiduciary duties. This is the highest legal duty…
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Who is Responsible for Construction Design Defects?

Who is Responsible for Construction Design Defects?

Construction Dispute
When a construction defect becomes known and causes problems for property owners, most people will automatically look to the contractors and construction crews. However, it is not always shoddy construction or substandard materials that lead to defects, as sometimes, defects can exist from the very start of the process. This happens when there is an inherent design defect, and the construction crews carry out the defective design. If you believe that a costly construction defect might be the result of design malpractice, consult with an Encino construction litigation attorney right away. What is Design Malpractice? Architects and engineers are the foundation of any construction project. They have special education, training, and licensing that allows them to be in charge of designing proper structures - from residential homes to skyrise condo…
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Know Your Rights Regarding Security Deposits

Know Your Rights Regarding Security Deposits

Landlord/Tenant
Security deposits are one of the most disputed issues between residential landlords and tenants in California. Most landlords require security deposits for a tenant to move in, and tenants have certain rights regarding these funds. However, landlords often violate - or are accused of violating - security deposit laws. If you are a tenant, always stay aware of your rights. Requirements for Security Deposits Each state is different, and California sets out the following requirements and restrictions for security deposits: Landlords are not allowed to charge non-refundable fees for move-in to cover possible repairs in the futureDeposits cannot be more than two months of rent for unfurnished units or three months for furnished units (it is less for active duty service members)The landlord must return the funds within 21 days…
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