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“As Is” Does Not Mean No Liability – The Impact of the “As-Is” Clause in California Real Property Purchase Agreements

by ehartnett | Mar 7, 2018 | Uncategorized

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

by ehartnett | Dec 5, 2017 | Uncategorized

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?

by ehartnett | Nov 9, 2016 | Uncategorized

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...

What is the Statute of Limitations for a Deed of Trust?

by ehartnett | Sep 2, 2016 | Uncategorized

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...

Rescission – Unwinding the Deal, No Matter the Cost

by ehartnett | Aug 3, 2016 | Uncategorized

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...
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Recent Posts

  • “As Is” Does Not Mean No Liability – The Impact of the “As-Is” Clause in California Real Property Purchase Agreements
  • Real Estate Agent Commission Sharing Agreements – Pitfalls for Brokers and Salespersons
  • Good-Faith Deposits – Can the Buyers Get Their Money Back?
  • What is the Statute of Limitations for a Deed of Trust?
  • Rescission – Unwinding the Deal, No Matter the Cost

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