San Jose Real Estate Blog

BUYER BEWARE- ALL CONTRACTS ARE NOT CREATED EQUAL

Buying a home that is being built and sold by a large scale home builder usually requires using a contract that was drafted by in-house attorneys for that builder. These contracts may contain one-sided terms and conditions. The last contract that I reviewed from a large scale builder contained the following terms and conditions:

THE DEMISE OF THE SECTION ONE CLEARANCE

It's been a long time since I reviewed a transaction that included a Section 1 pest control clearance as either part of a disclosure packet or as a negotiated contractual allocation of pest control repairs. The demise of the Section 1 clearance is a result of, among other things, as-is transactions that eliminate contractual allocation of pest control repairs between the buyer and seller and market conditions that have produced non-contingent offers. Non-contingent offers and a market that has favored sellers have effectively limited the options a buyer has regarding pest control issues, including following up on inaccessible areas or making a request for repairs that asks for something more than fumigation of the property. These conditions have also caused some sellers to feel they do not need to provide a Section 1 clearance as part of a disclosure packet, either because it is not necessary for the marketing of their property or because they do not want to spend the money or discover additional issues with their property that would then need to be disclosed or repaired.

REMEMBER, VERY LITTLE IS STANDARD WHEN IT COMES TO "STANDARD FORMS"

We published an article in June 2016 discussing some of the misconceptions about using a so-called "standard form" in any real estate transaction. In short, if you're ever told "it's fine" to sign a contract, lease, or other important legal document because "it's just a standard form," you should stop, look, and listen. After all, who drafted that form, and who benefits from its terms and provisions? If you're a buyer or a tenant, for instance, you could be signing a form that's become "standard" amongst sellers and landlords because the form works to their advantage, not yours.

DISCLOSE, DISCLOSE, DISCLOSE ... AND OTHER SUGGESTIONS THAT A SELLER SHOULD FOLLOW IN COMPLETING THE TDS AND SSC/SPQ

Real estate nondisclosure cases frequently include cross-examination of the seller and listing agent with respect to the following: the discussions that occurred between those parties regarding filling out the TDS and SSC/SPQ ("disclosure documents"), the amount of time the seller took to complete the disclosure documents, whether the seller had and/or relied on any historical documents, whether the seller understood the scope and breadth of the questions, whether the responses were complete, whether past problems were disclosed even if they had purportedly been rectified, whether the specific words used in response to a question were provided by the seller, the listing agent, or someone else, what prior experience the listing agent and seller had with regard to disclosures, and many other questions and/or issues.

RHRC Bosses' Day

Bosses-Day-2016-e.jpgThe staff at RHRC celebrate our bosses today, and everyday, because great bosses see more in us than we see in ourselves, and they help us learn to see it too! 

TOP TIPS FOR BUYERS & SELLERS

We are frequently asked by buyers and sellers - and even more often by brokers - what tips or strategies we have for buyers and sellers in a residential real estate transaction, based on the issues we see leading to lawsuits over purchase and sale deals. Here's a summary of some of the most important tips and strategies we've put together through the years.

Where Did My Garbage Bill Go?

tarting July 1, 2015, residents of San Jose will no longer receive a bill for garbage and recycling. In September 2013, the City of San Jose approved a plan of placing the billing of garbage and recycling services provided by the City of San Jose on the Santa Clara County secured property tax bill.

Email Us For A Response

Schedule A Time To Meet With Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

San Jose Office

Monterey Office

San Jose Office
1960 The Alameda
Suite 200
San Jose, CA 95126

Phone: 408-261-4252
Map & Directions

Monterey Office
8 Harris Court
Suite A1
Monterey, CA 93940

Phone: 831-655-3180
Map & Directions