My Home is a Pokémon Go Hotspot — Do I Have to Disclose?
Pokémon Go is the latest craze that is literally everywhere we look. It is all over the news, and all over the streets with players of all ages trying to “catch ’em all.” We have all heard about the...
View ArticleCommercial Landlords Subject to New Accessibility Disclosure Requirements
California has seen an uptick in predatory ADA lawsuits, where landlords and business owners are being sued for accessibility violations under the Americans with Disabilities Act (ADA). To counter the...
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Disclosure Series
As real estate attorneys, Brewer Offord & Pedersen LLP cannot stress enough to real estate agents and sellers the importance of properly disclosing information pertaining to property being sold....
View ArticleCourt Clarifies Transfer Disclosure Law for Mixed-Use Property
The recent appellate decision of Richman v. Hartley is critical for California real estate agents and sellers to know as it clarifies the mandatory disclosure requirements for property sales. Richman...
View ArticleCourt Sanctions Buyer for Filing Frivolous Failure to Disclose Action
The recent case of Peake v. Underwood will hopefully deter frivolous claims against real estate agents. Peake purchased a home from Underwood. Long after the sale closed, Peake filed suit against...
View ArticleCourt Again Punishes Dual Agents
We have previously stressed to real estate professionals, in our blog articles and in many of our speaking engagements, that dual agency is a very risky proposition for real estate brokers. The courts...
View ArticleThe Watcher – A Reminder that Disclosure Duties Go Beyond Physical Defects
We have written several articles about a seller’s duty to disclose, including articles about the consequences of failure to disclose material facts. Most of these articles discuss physical defects, as...
View ArticleSnakes In the House! Why Realtors® and Sellers Should Remember Their Duty to...
“I do not want them in the house, I do not want them on my blouse, I would not like them in my car, I would not like them near or far, I do not want them here, nor there, I do not want them anywhere!”...
View ArticleMy Home is a Pokémon Go Hotspot — Do I Have to Disclose?
Pokémon Go is the latest craze that is literally everywhere we look. It is all over the news, and all over the streets with players of all ages trying to “catch ’em all.” We have all heard about the...
View ArticleCommittee Offers Hope for Relief from Airplane Noise to Bay Area Residents
Beginning in early 2015, the Federal Aviation Administration (“FAA”) introduced a new program, NextGen, which rerouted flight paths in the South Bay and Peninsula in an effort to improve airport...
View ArticleImportant Water Considerations for After El Niño
As predicted, El Niño arrived in California and brought some much needed precipitation with it. This past winter brought the most rain California has had in quite awhile, with many major reservoirs in...
View ArticleConditions That California Sellers May Not Have to Disclose
(this article was written by Evy L. Eschbacher, the newest attorney at the Brewer Offord & Pedersen LLP) Selling a home can be on of the biggest steps in anyone’s life. Whether it involves letting...
View ArticleWhat Really is Required for a Failure to Disclose Claim?
Failure to disclose cases are something we deal with on an extremely regular basis. A case I recently litigated confirmed the standard required in order to prevail in such a case. In such case, we...
View ArticleCommon Defects That Lead to Disclosure Disputes
The number one piece of advice we give to sellers is disclose, disclose disclose! With most home sales, the devil is in the details. A dispute over a non-disclosed defect is the most common type of...
View ArticleHistoric Rains and Real Estate: Important Considerations for Sellers and...
All throughout Northern California this winter, we have seen historic rainfall from Lake Tahoe to the low-lying coastal town of Santa Cruz south of the Bay Area. While we welcome the rain after some...
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