When you buy or sell real estate, you’ll likely hear, “You should get an attorney.” There are real estate transactions and negotiations that will require an attorney. You might want to buy a foreclosed property but not know the risks. You may be considering a short sale to avoid a foreclosure. Or, other real estate […]
Judicial Admission Made In Unverified Complaint Against General Contractor.
This is the scenario: A homeowner sued a general contractor, alleging shoddy work. In his unverified complaint, the homeowner alleged the contractor was licensed at all times. The general contractor responded with a cross-complaint for unpaid work. A local rule required plaintiff to identify all controverted issues, and plaintiff did not identify licensure as a […]
Take My Word For It. . .The Foreclosure Sale Was Canceled.
A notice of default had been recorded against plaintiffs’ residential property, and a notice of trustee sale was also recorded. Plaintiffs retained a lawyer to negotiate a loan modification with the lender. In their complaint for promissory estoppel, plaintiffs allege the lender agreed to continue the scheduled trustee sale and negotiate a loan modification. Discussions […]
Inaccurate Record Of Debt Collection Efforts.
A lender who lends money used to purchase a parcel of property and who holds a junior lien on that property cannot sue the borrower personally for the loan balance if the senior lienholder who also contributed to the purchase of the property forecloses on the property but does not collect enough from the foreclosure […]
Real Estate Agents’ Agreement To Share Commissions.
The allegations are that two licensed real estate salespersons agreed to share commissions earned by either of them on certain sales of real property. One sued the other for breaching that agreement, and the trial court sustained the defendant’s demurrer without leave to amend, relying on defendant’s contention that Business and Professions Code section 10137 […]
Deed Altered, Omitting Plaintiff’s Name, But She Still Loses Quiet Title Action.
In her quiet title action, plaintiff alleges she pooled her $150,000 with two entities in partnership for the purchase of a residential property at a foreclosure auction for the purchase price of $250,000. In the original version of the trustee’s deed, it stated that one of the entities had a 75 percent and the other […]
A Private Property Owner May Not Limit The Remedy Of A Neighbor Property Owner.
In expanding, a ski resort dug a water retention basin to change its drainage system. The diverted run-off adversely affected 180 downhill condominium units. A lawsuit resulted, and the trial court granted a permanent injunction that requires the ski resort to remove its retention basin. On appeal, the ski resort argued there was no entitlement […]
It Doesn’t Get Much Sadder Than This.
A mom, dad and their three children checked into a tennis club hotel for their vacation to celebrate the sixth birthday of the family’s twin boys. They requested a room on the first floor; when none were available, they checked into a room on the second floor. Mom was looking through brochures to plan the […]
Buyer Of Real Property May Not Rely On Appraisal Ordered By Lender.
Plaintiff entered into a written contract to buy vacant land. His lender hired a real estate appraiser to perform an appraisal of the property. Upon determining the property he purchased was unsuitable for his purposes, plaintiff brought an action against the appraiser for negligent misrepresentation, alleging the property value in the appraisal was in excess […]
“A Successful Lawsuit Is One Worn By A Policeman,” Robert Frost.
In March 2004, a real estate broker signed an exclusive listing agreement with the seller of acreage. In September 2004, a potential buyer extended an offer directly to the seller. Meanwhile, as the seller negotiated with the potential buyer, plaintiff continued to market the property. The sale of the property closed in July 2005 with […]
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