Articles
Market Conditions Advisory – Spring 2023
By David Hamerslough
May 10, 2023
Water, Water, Everywhere (2022-2023 Version)
By David Hamerslough
March 12, 2023
What’s New With PRDS Forms? (Part 2)
By David Hamerslough
March 8, 2023
What’s New With PRDS Forms?
By David Hamerslough
February 7, 2023
Additional Revisions To The C.A.R. Residential Purchase Agreement
By David Hamerslough
January 17, 2023
Anticipated Revisions To The C.A.R. Residential Purchase Agreement
By David Hamerslough
December 13, 2022
Top “Gotchas” for Sellers and Buyers in Today’s Real Estate Market
By David Hamerslough
November 15, 2022
“The Absence Of Loan Terms In The Financing Clause Has No Potential Impact On The Buyer Or Seller” And Other Urban Myths In Today’s Real Estate Market
By David Hamerslough
October 19, 2022
“Jury Awards $9 Million Punitive Damages Verdict Against San Jose Landlord”
By Ron Rossi and Missy Cornejo
September 23, 2022
“Nothing To Note” (Looking But Not Seeing?)
By David Hamerslough
September 13, 2022
I Was Told “ _____________ Are Normal For A House Of This Age”
By David Hamerslough
August 9, 2022
2022 Mid-Year Review
By David Hamerslough
July 13, 2022
Does The C.A.R. Contract Reward A Buyer Who Fails To Make Their Initial Deposit?
By David Hamerslough
June 22, 2022
Revisiting the Identification, Disclosure, and Production of Historical Documents
By David Hamerslough
May 19, 2022
Will The Cancellation Epidemic Ever End?
By David Hamerslough
April 5, 2022
Buyer’s Stated Financing: Issues In Today’s Market
By David Hamerslough
March 8, 2022
Handling Amended/Revised Preliminary Reports Under The C.A.R. Vs. PRDS Purchase Contracts
By David Hamerslough
February 9, 2022
What’s New In ‘22?
By David Hamerslough
January 12, 2022
Historical Documents and Facts and the SSC and Revised SPQ
By David Hamerslough
December 14, 2021
Who Is The Internet Provider?
By David Hamerslough
November 17, 2021
Just The Facts
By David Hamerslough
November 02, 2021
But The Lender’s Letter Said The Buyer Was Pre-Approved
By David Hamerslough
September 15, 2021
Market Transitions and Bubbles = Claims
By David Hamerslough
August 06, 2021
Escrow has closed – but your client says there’s a problem
By David Hamerslough
June 30, 2021
How Many (Legal) Bedrooms And Baths Does This House Have?
By David Hamerslough
June 03, 2021
The Cancellation Epidemic
By David Hamerslough
May 19, 2021
Drafting An addendum Extending The Close Of Escrow: Some Opportunities/Issues To Consider
By David Hamerslough
May 12, 2021
The Noncontingent Blues
By David Hamerslough
March 30, 2021
When the Sellers Disclosure States “Roof Leaked – Fixed,” What does that Mean?
By David Hamerslough
March 3, 2021
Asset Protection v. Fraudulent Transfer: Debtors’ Attempts to Avoid Paying Money Judgments
By Ronald R. Rossi
February 17, 2021
After 50 Years, Isn’t it Time to Retire
By Ronald R. Rossi
February 05, 2021
Buying Property Using A Limited Liability Company ~ A Cautionary Tale
By Ronald R. Rossi
January 21, 2021
PRDS Forms Update, Including Recent Revisions To The REPC
By David Hamerslough
January 08, 2021
Anticipatory Breach/Repudiation: The Potential Impact Of What Is Said And Done After Parties Are In Contract
By David Hamerslough
December 10, 2020
Counteroffer Or Inquiry: The Words We Use Can Make A Difference
By David Hamerslough
November 18, 2020
SUPER-NASTY LAWSUITS
By Ronald R. Rossi
November 12, 2020
Does Late Acceptance Of An Offer Create An Enforceable Contract?
By David Hamerslough
October 16, 2020
Fires, Floods, Earthquakes, And Other Calamities: What Happens When They Occur During An Escrow?
By David Hamerslough
October 04, 2020
By David Hamerslough
September 10, 2020
By David Hamerslough
July 2, 2020
Marketing Gone Awry
By David Hamerslough
June 5, 2020
New Shelter-In-Place (“SiP”) Order Addresses Some Of The COVID-19 Real Estate Issues Of The Last 30 Days; What To Consider In The Next 30 Days
By David Hamerslough
May 06, 2020
New “STANDARD” Forms Dealing With COVID-19
By Ronald R. Rossi
May 01, 2020
“Due To Unforeseen Circumstances, My Clients Are Cancelling The Contract”: revisiting some of the assumptions that have been made in the real estate market in the last 30 days
By David Hamerslough
April 3, 2020
Claims by the buyer that they have overpaid
By David Hamerslough
March 5, 2020
Deposit Disputes
By David Hamerslough
March 5, 2020
Rental Laws
By David Hamerslough
March 5, 2020
Partition: When Co-owners “Divorce”
By Rick Gullen
October 17, 2019
What A Homeowner Should Do And Consider Before Starting A Repair/renovation That Might Be Related To A Claim Against The Prior Owner
By David Hamerslough
October, 2019
“TLDR,” “IB,” And Other Messages The Modern Real Estate Practitioner Must Decipher
By David Hamerslough
September 17, 2019
Want To Know Everything About Your New Home? Just Ask The Neighbors
By Ronald R. Rossi
September 3, 2019
What Action Must A Buyer And Seller Take To Reach Agreement On A Repair Request Using The PRDS Or C.A.R. Forms?
By David Hamerslough
August 20, 2019
You Probably Wouldn’t Think There Was Any Connection Between Foot-Massage Services and Real Estate Law …
By Ronald R. Rossi
August 8, 2019
What A Homeowner Should Do And Consider When Water Gets Into Their Condo
By David Hamerslough
June, 2019
The Neighbor Said …
By David Hamerslough
May, 2019
The Duty To Learn
By David Hamerslough
April, 2019
Voluntary Transfers Of Real Estate And Their Impact On Your Standard CLTA Title Policy
By David Hamerslough
March, 2019
And The Nominees For Most Common Post-Close-Of-Escrow Non-Disclosure Claims In Residential Real Estate For 2018 Are…
February 13, 2019
Treasury Department Geographic Targeting Order Extended and Expanded
January 10, 2019
Buyer Beware- All Contracts Are Not Created Equal
December 13, 2018
New Laws Impacting Residential Real Estate
By David Hamerslough
November 9, 2018
New Law Requires Inspection of Decks and Balconies For Buildings With Three or More Multifamily Dwelling Units
By David Hamerslough
October 10, 2018
There Is A High Probability That I Will Be Bringing In An Offer Tomorrow That Will Make Everyone Happy
By David Hamerslough
September 4, 2018
To Send, or Not to Send – That Is The Question
By Ronald R. Rossi
August 22, 2018
The Contract Has Been Cancelled: A Closer Look At One Common Real Estate Truism
By David Hamerslough
July 25, 2018
Treasury Department Geographic Targeting Order Extended
By David Hamerslough
July 11, 2018
But the Seller Lied…
By David Hamerslough
June 5, 2018
Additional Thoughts on Deposit Disputes
By David Hamerslough
May 5, 2018
California Family Wins $1.6 Million Lawsuit Against Landlord Over Bed Bug Infestation: Jury Finds Landlord Responsible
By Ron Rossi and Laurel Champion
April 12th, 2018
Revisiting the Consequences of Breaching a Contract
By David Hamerslough
March 13th, 2018
Buyer Questionnaires, Electronic Communications, and Discrepancies Between the MLS and Property Profiles
February, 2018
Is it Time to Reconsider the Buyer Questionnaire?
By David Hamerslough
January 9, 2018
Communicating With Clients And Other Agents: Revisiting An Old Subject
By David Hamerslough
December 1, 2017
Update From The Recent C.A.R. Meetings in San Diego
By David Hamerslough
November 15, 2017
Backing Out of a Non-Contingent Offer
By David Hamerslough
November 1st, 2017
PRDS To Release Revised Supplemental Seller’s Checklist
By David Hamerslough
October 10th, 2017
PRDS Releases Seller Advisory For Completing Disclosure Forms
By David Hamerslough
October 3rd, 2017
Bedbugs Take A Big Bite Out Of Seller
By Ronald R. Rossi/ Laurel M. Champion
September 19th, 2017
Sending Documents And Information – Suggested Practices
By David Hamerslough
August 22nd, 2017
What’s New With Team Names and Fictitious Business Names
By David Hamerslough
July 11th, 2017
Recent Developments In Tree Law
By Laurel M. Champion
June 21st, 2017
The Demise of the Section One Clearance
By David Hamerslough
June 13th, 2017
Who Pays Attorney’s Fees?
By Ronald R. Rossi
May 23rd, 2017
What’s New With PRDS Forms
By David Hamerslough
May 8th, 2017
Good Night – Sleep Tight – Don’t Let The Bedbugs Bite
By Ronald R. Rossi and Laurel M. Champion
March 27th, 2017
Remember, Very Little Is Standard When It Comes To “Standard Forms”
By Ronald R. Rossi
March 13th, 2017
Disclose, Disclose, Disclose … And Other Suggestions That A Seller Should Follow In Completing The TDS and SSC/SPQ
By David Hamerslough
February 13th, 2017
New California Laws Affecting Accessory Dwelling Units (ADUs)
By David Hamerslough
January 9th, 2017
Towers, Toilets, and Other Highlights From Recent Legal Updates
By David Hamerslough
December 14th, 2016
Bed Bugs, Attorneys, and Attorneys’ Fees
By David Hamerslough
November 17th, 2016
Recent Revisions to the PRDS Counteroffer Form
By David Hamerslough
October 18th, 2016
Attorney Caught Coaching His Witness Under The Table
By Richard B. Gullen
October 4th, 2016
Will All-Cash Offers Still Be King?
By David Hamerslough
September 20th, 2016
Stage A Home To Sell, Not To Conceal
By Ronald R. Rossi and Laurel Champion
September 7th, 2016
Relative Bids May Not be Legal
By Ronald R. Rossi and Laurel M. Champion
August 17th, 2016
Can I Stop My Neighbor’s Addition From Blocking My View?
By David Hamerslough
August 9th, 2016
Deposit Disputes Arising out of Requests for Repairs
By David Hamerslough
July 13th, 2016
Top Tips For Buyers & Sellers
By Ronald R. Rossi & Laurel M. Champion
June 14th, 2016
Embracing a New Deal for America’s Cities: The Political Conversion of San Francisco’s Angelo J. Rossi
By Patricia E. Hill, PhD and Ronald R. Rossi, Esq.
June 8th, 2016
Request for Repairs: Be Careful What You Ask For
By David Hamerslough
June 8th, 2016
Who Sets the Standard?
By Ronald R. Rossi, Esq. and Laurel M. Champion, Esq.
June 1st, 2016
Going to Trial: It’s Often Necessary, But It’s Not for the Faint of Heart
By Laurel Champion and Ronald Rossi
May 18th, 2016
Flip or Flop: Some Things to Think About With Regard to a Remodeled/Renovated Home
By David Hamerslough
May 11th, 2016
How Seller Can Avoid Being Caught Between Two Buyers
By Ronald R. Rossi and Laurel M. Champion
May 4th, 2016
Agent or Attorney? Choosing the Right Expert for the Job
By Ronald R. Rossi
April 26th, 2016
Updates to the PRDS San Mateo County/Santa Clara County Advisory
By David Hamerslough
April 12th, 2016
Bad Neighbors: What do you have to disclose to a buyer when you’re selling a home?
By Ronald R. Rossi, Esq. and Laurel Champion, Esq.
March 30th, 2016
Specific Performance As Legal Strategy
By Ronald R. Rossi and Laurel M. Champion
March 17th, 2016
Wire Transfer Fraud & Cyber Security
March, 2016
Recent Revisions to the C.A.R. Purchase Agreement
February, 2016
What Every Property Owner Should Consider in View of El Nino
By David Hamerslough
January, 2016
Current Issues Regarding TRID, CLUE, and Electronic Signatures
By David Hamerslough
December, 2015
Disclose, Disclose, Disclose – Or Your Deal May Get Flushed Down The Drain
By Ronald R. Rossi
November, 2015
Buyers Who Backed Out Tripled Down on A Bad Bet
By Richard B. Gullen
November, 2015
The Consequences of Breaching A Contract
By David Hamerslough
November, 2015
Traps in Commercial Leases: Part 1 – Hidden Expenses, Costly Oversights
By Eric Gravink
October, 2015
No Easy Lessons on Easements
By Ron Rossi and Laurel Champion
October, 2015
Managing Property Without Your Broker’s Knowledge
By David Hamerslough
October, 2015
Attorneys’ Fees, Mediation, and Arbitration: How These Concepts Relate to Claims Involving Real Estate Licensees
By David Hamerslough
September, 2015
When Does As-Is Really Mean “As-Is?”
By Ronald R. Rossi and Laurel M. Champion
August, 2015
Claims and Releases
By David Hamerslough
August, 2015
Lawsuits Against Selling Agents In Today’s Market
By David Hamerslough
July, 2015
“Greed Often Makes One Poor”
By Ronald R. Rossi
July, 2015
Today’s Market and Lawsuits Against Listing Agents
By David Hamerslough
June, 2015
What Happened To The Mediation And Arbitration Clauses in the PRDS Listing Agreement?
By David Hamerslough
May, 2015
Enforcing Oral Agreements to Share Commissions
By David Hamerslough
April, 2015
How Fixtures, Fittings and Personal Property are Treated Under the Revised PRDs and CAR Contracts
By David Hamerslough
March, 2015
Additional Observations on the Revisions to the C.A.R. and PRDS Purchase Contracts
By David Hamerslough
February, 2015
Amended Disclosures Under the Revised PRD’s and C.A.R. Contracts
By David Hamerslough
January, 2015
Property Defects and You
By Ronald R. Rossi
January, 2015
Legal Updates – PRDS & C.A.R. Contract Changes
By David Hamerslough
December, 2014
Interference With Secondary Easements Does Not Require Physical Act
By Richard B. Gullen
October, 2014
A RAVID Or An AVID Is Not A Marketing Device
By David Hamerslough
September, 2014
New Law – Commercial Dual Agency
By Ron Rossi and Laurel Champion
August, 2014
Observations on a Seller’s Obligation to Provide a Completed TDS and SSC
By David Hamerslough
August, 2014
Protecting Your Commission In An Off-MLS Transaction
By David Hamerslough
July, 2014
Landlord’s Speech is Free, but Decision to Evict May Cost You
By Jill E. Fox
July 23, 2014
Is it a crime to be a dual agent?
By Ronald R. Rossi
July, 2014
The MLS, The Words We Choose, And The Transmission Of Information Regarding A Property
By David Hamerslough
June, 2014
No Double-Dipping: One Injury Means One Lawsuit
By Jill E. Fox
May 7, 2014
Talega Maintenance
By Jill E. Fox
May 7, 2014
Paying Close Attention Always Pays Off
By Ronald R. Rossi
April, 2014
The Language of Listening
By Deborah A. Hansen
April, 2014
Revisions to the TDS
By David Hamerslough
April 1, 2014
No Longer Fenced In After 150 Years
By Ronald R. Rossi
March 2014
Right to Repair
By Jill E. Fox
March 31, 2014
New Land Use Laws
By Richard Gullen
March 5, 2014
Flood Insurance Reform – What It Means To Buyers, Sellers, and Property Owners
By David Hamerslough
March, 2014
Seller Financing Under The Dodd-Frank Wall Street Reform And Consumer Protection Act
By David Hamerslough
February, 2014
A Below Market Rate Purchase Option is an Exaction under the mitigation fee
By Richard Gullen
January 31,2014
A Question: Does My Neighbor Have To Pay For The Repair/Replacement Of Our Shared Fence?
By David Hamerslough
January, 2014
Landlords can be Vulnerable to Prescriptive Easement Claims
By Richard Gullen
October 21, 2013
Normal Business Hours for Real Estate Licensees
By David Hamerslough
October 17, 2013
Selling With A Tenant
By Ronald Rossi
September 27, 2013
Considerations for Salespersons Operating Under Team Names
By Laurel Champion
September 20, 2013
The “Whys” and “What Ifs” of Writing an Addendum
By David Hamerslough
September 13, 2013
Electronic Communications And Team Names: What The DRE Now Expects
By David Hamerslough
August 6, 2013
Observations On The Revised PRDS SSC
By David Hamerslough
July 16, 2013
Disclosure Duties to Visitors of Marketed Property
By David Hamerslough
June 10, 2013
“Pocket” Listings Can Pick your Pocket
By Ronald Rossi
May 28, 2013
Changes in The Vexatious Litigation Statute
By Laurel Champion
May 22, 2013
New Laws Protecting Tenants and Occupants After a Foreclosure
By Richard Gullen
May 9, 2013
PRDS Introduces New Advisory and Agreement to Exclude Listings From The MLS
By David Hamerslough
April 16, 2013
Are We In or Out of Contract?
By David Hamerslough
April 5, 2013
Boundaries: The Straight Line Part II
By David Hamerslough
March 11, 2013
Recent Law Protects an Employee’s Social Media
By Laurel Champion
February 27. 2013
Boundaries: The Straight Line
By David Hamerslough
February 11, 2013
Fences: Myth, Reality, and The Law
By Hamerslough
January 18, 2013