“As Is” Does Not Mean No Liability – The Impact of the “As-Is” Clause in California Real Property Purchase Agreements
Frequently, buyers and sellers of San Francisco Bay Area real estate want to know the effect of an “As-Is” provision in a purchase agreement. In both residential and commercial transactions in California, sellers need to disclose facts materially affecting the value...
Real Estate Agent Commission Sharing Agreements – Pitfalls for Brokers and Salespersons
At the Law Office of Eric T. Hartnett, we have represented California Realtors® in numerous commission disputes. These disputes occurred throughout the Bay Area, including San Mateo, Santa Clara, and Alameda counties. Many times these disputes are centered around...
Good-Faith Deposits – Can the Buyers Get Their Money Back?
We often receive calls from buyers and sellers who are a party to a residential purchase agreement that has been cancelled or is about to be cancelled. The question on their minds is "who gets the good-faith deposit?" One reason why this is on their mind is that,...
What is the Statute of Limitations for a Deed of Trust?
Most people would be surprised how frequently a homeowner discovers that there is an unexpected Deed of Trust (DOT) against their property. Often times, the continued existence of the DOT is the result of a lender's or trustee's failure to reconvey the DOT following...
Rescission – Unwinding the Deal, No Matter the Cost
In today’s hot real estate market, buyers will purchase real property without contingencies. While not advisable, many buyers believe that a non-contingent offer is the only way they can be competitive against other prospective purchasers. When this is done, the...
Easements – This Land is Your Land, But I Have Rights
Property is incredibly expensive. We have represented buyers and sellers for real property purchases throughout the Bay Area, including Santa Clara County, San Mateo County, and Alameda County, who want to ensure that everything is done properly and that the buyer has...
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