Buyers who qualify for FHA and/or VA mortgages are frequently shut out of purchasing opportunities because there are many condominium developments that have not obtained approval from the FHA or VA. A recently-approved law in California aims to help rectify that situation. On Wednesday, August 12, Governor Jerry Brown signed into law Assembly Bill 596 […]
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Personal Assistants Still Not Independent Contractors
There has been a fair amount of celebrating in the real estate industry over a recent Massachusetts Supreme Court ruling that upheld the independent contractor classification of real estate salespersons. However, not only is the decision in Monell v. Boston Pads a rather narrow one, based on an unusual circumstance in that state’s law, but […]
NAR Report Tells Where Dangers Lurk
Last week we discussed the D.A.N.G.E.R. Report that was recently released by the National Association of Realtors® (NAR). NAR commissioned Stefan Swanepoel and his T3 group to prepare the report on threats facing the real estate industry. D.A.N.G.E.R. here stands for “definitive analysis of negative game changers emerging in real estate”. The report’s results are […]
Court Upholds HOA’s Short-Term Rental Rules
A California Homeowner Association (HOA) adopted a rule that homeowners who rented out their homes could not do so for periods of less than seven days. Moreover, the HOA imposed an annual fee of $325 on owners who rent out their homes. The purpose of the fee was to defray, at least partially, the extra […]
Arbitration Awards are Not Easily Overturned
Suppose an arbitration award is based on the arbitrator’s erroneous understanding of the law. Then you appeal the award and get it reversed, right? Probably not. Courts are extremely reluctant even to hear appeals of arbitration, much less to reverse them. A recent Federal Court case ( Sotheby’s International Realty v. Relocation Group, U.S. Court […]
LEGAL CORNER by Steve Duringer
Question: I’ve always heard that I should post my rental criteria in a conspicuous place so that applicants can plainly see whether or not they are qualified before they submit their application. I typically require that the applicants combined income exceed three times the rent, however I might make exceptions. Also, in years past, a […]
THE FIRST OFFER MAY BE THE BEST OFFER
Sometimes when everything goes right we have trouble accepting that fact. Perhaps nowhere is this phenomenon more clearly illustrated than in the case where a seller receives a good offer right away. The annals of real estate are well stocked with stories of sellers who refused to take a good, but not perfect, first offer, […]
Roomates & Rental Criteria
Q: Most of my current residents are full- or part-time students. The units are large, and are typically shared by four or five room mates… Q: Many of my rental units are in central Los Angeles, near the campus. Of course, most of my current residents are full- or part-time students. The units are large, […]
Who Pays for Association Documents?
When a condominium is sold, who should pay the cost of providing the buyer with various HOA (Homeowner Association) documents, the buyer or the seller? The purchase and sale of a condominium unit can often be more complicated, involve more paperwork, and have proportionately higher expenses than the sale of a free-standing single family home. […]
LEGAL CORNER
Question Seems like more and more of my prospective residents have past due balances on their credit reports and outstanding collection accounts. Years back I wouldn’t even consider someone with a collection account, but if I did that now, I’d have an empty building! What do you think? Answer According to a recent study […]