Beware of Zillow Purchase Agreements

Rinat Klier Erlich In many transactions, Zillow acts as seller and it insists on using its own purchase agreement. Below are issues you should consider when advising your buyers whether/how to use the Zillow agreement. Insurance: Many errors and omissions insurance policies require the brokers to use California Association of Realtors (CAR) or other trade…

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Do’s and Don’ts for Property Managers and Landlords

Rinat B. Klier Erlich Real estate agents and brokers manage properties. They are often subject to claims by the Department of Real Estate, Department of Fair Housing, Department of Consumer Affairs, criminal prosecution and civil lawsuits by tenants. This article lists the main Do’s and Don’ts with respect to managing real property.  Do’s Lease: Generate…

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Cyber Phishing For Wire Fraud

Rinat Klier Erlich There are many forms of cyber fraud including, stolen information, cyber ransom and identity theft. In those situations, a perpetrator attacks a business and is able to steel from the business information of third parties, financial documents, or even shut down the business data in exchange for payment of a ransom. Those…

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Risks and Difficulties In Mold Litigation

Rinat B. Klier Erich Mold litigation is unique in that it is a cross over between design and construction defect, personal injury and property damage. Mold litigation is expert-intensive and it involves, construction law, personal injury law, contracts and insurance. Mold litigation in particular, has expanded into many forms of litigants including, property owners/buyers, employees,…

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Can a Broker Avoid Its Duty to Physically Inspect The Property?

Rinat B. Klier Erlich The recent California Governor executive order and the continued practice of brokers, requires a refresher on the brokers’ duties of inspection, so that brokers understand what they may or may not do. One of those duties is the broker’s duty of physical inspection, which is required before completing the Transfer Disclosure…

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The Risks of Dual Agency

Cheryl Davidson, Specialty Claims Management Rinat B. Klier Erlich Real estate transactions have always had the dual agency anomaly, in comparison with other fields of professional services. In the recent case of Horiike v. Coldwell Banker (2016) the California Supreme Court has taken the risk of dual agency over the top. It is nearly impossible…

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CAR Coronavirus Addendum and Cancelation of Contracts

Rinat B. Klier Erlich The California Association of Realtors Residential Purchase Agreement does not have a force majeure provision in the contract, so a buyer or seller wishing to cancel or delay should review their s igned escrow instructions for further guidance. They should not rely on their brokers in giving them any legal advice,…

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Having a badly Drafted Contract is Worse Than Having No Contract At All

Rinat B. Klier Erlich I. Benefits of a Well Drafted Contract Contracts can insulate professionals from liability. They can impose a shorter statute of limitation, impose a requirement to mediate (as a pre-requisite before filing a lawsuit with the detriment that failing to do so will prevent the prevailing party for recovering attorney’s fees) and…

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It’s Raining Cats and Dogs!

Katherine C. Tower, JD, MBA, RPLURinat B. Klier Erlich There are about 9 million Americans with significant physical and sensory impairments, but there are only 10,000-12,000 assistance dogs, of which 7,000 are guide dogs. According to medical professionals, there are profound benefits that animals can provide for persons with physical or mental impairments. Prescription of…

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The Risks of Cannabis Business And Related Legal Advice

Rinat B. Klier Erlich Cannabis business varies from state to state and in most cases is in disagreement with federal laws. This article discusses the California state laws, which pioneered the field, and analyses the risk for professionals. By way of background, in 1996 the Compassionate Use Act was implemented in California authorizing the use…

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