On January 1, 2016, Senate Bill 655 became effective.  Notwithstanding the Toxic Mold Protection Act of 2001 and the absence of guidelines and standards under this act, Senate Bill 655 explicitly lists mold as a problem which may potentially render a property uninhabitable or substandard.  The law primarily affects residential rental properties. The Mold Act […]

CFPB Postpones Integrated Disclosure Enactment Date

The Consumer Finance Protection Bureau issued a final ruling postponing the effective date of the Know Before You Owe mortgage disclosure rule also known at the TILA-RESPA Integrated Disclosure rule to October 3, 2015. The original effective date was August 1, 2015. For more information, please contact Delphine Adams via email.


A bill has been introduced that would impose a sales tax on services.  Senate Bill 8 sponsored by Senator Hertzberg would impose a tax on consumer services, including services associated with a real estate purchase and sale transaction.  Among the proposed services that would be taxed are home inspection fees, structural pest control inspection fees, […]

2015 Laws Affecting Real Estate

As the last quarter of 2014 looms before us, our California Legislature, spurred on by real estate interest groups including the California Association of Realtors, has been busy implementing and sponsoring new legislation that either directly or indirectly affects real estate in California.  Below are some of the new laws that will take effect on […]

Napa Lot Line Adjustments and Involuntary Mergers

By Tom Adams and Mark Phillips The Napa County Public Works Department is in the process of preparing amendments to the Subdivision and Zoning Ordinance as it relates to lot line adjustments and certificates of compliance. The changes originally proposed by staff were minor and did not warrant comments. However, during the “stakeholder” review of the changes, the […]

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Topics: Land Use

DP&F’s Operations Update

Like many of our clients, DP&F’s Napa offices were damaged during Sunday’s earthquake. Although our attorneys now have full access to email and voice-mail, the best way to reach our non-attorneys is still over the phone. To contact us, please send your attorney an email or call 707.524.7000, and we’ll put you in touch with […]

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Groundwater Legislation Not Sinking

As California’s severe drought deepens legislation moves upstream in Sacramento regarding groundwater.  Historically the State of California has not had jurisdiction over groundwater, but with serious groundwater depletion issues in most of the key agricultural regions exacerbated by this historic drought, the current is now sweeping us all toward State oversight of this precious resource.  […]

Sellers Beware: Disclosure Requirements Expanded

In March 2014 we provided warning that new seller disclosure requirements would become effective July 1, 2014.  These expanded disclosure obligations are now in effect.  Sellers of single family residential property must now disclose certain construction defect claims.  A new Transfer Disclosure Statement expanding the disclosure obligation of sellers of single family residences, defined as […]

Update on Horiike v. Coldwell Banker

In a unanimous decision, the California Supreme Court granted review of Horiike v. Coldwell Banker, S218734.  The appellate court upheld the decision of the trial court that two different salespersons within the same brokerage, one representing the seller and one the buyer, were dual agents, and that the seller’s agent owed fiduciary duties to the […]

Update on H.R. 3370 The Homeowner Flood Insurance Affordability Act of 2013

As we previously reported, on March 4, 2014 the House of Representatives passed H.R. 3370, granting relief to homeowners from skyrocketing government sponsored flood insurance. The Bill was then sent to the Senate for review and a vote. On March 13, 2014, the United States Senate approved the Bill by a 72 to 22 vote, […]

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Seller’s Disclosure Obligation Further Expanded

Sellers of single-family residential real property in California are required by law to provide a real estate transfer disclosure statement, with certain limited exceptions. The contents of this disclosure are specificed by law. (California Civil Code, Section 1102.) Beginning July 1, 2014, a seller’s disclosure obligation in connection with the sale of a single-family (one […]

Adjoining Landowners

Under California law, adjoining landowners, those with properties contiguous or in contact with each other, share equally the responsibility for maintaining boundaries and monuments between them. Adjoining landowners are actually presumed to share an equal benefit from any fence dividing their respective properties, and unless otherwise agreed in writing, are also presumed to be equally […]

Good News for Homeowners Requiring Flood Insurance

On March 4, 2014, the United States House of Representatives, in a 306 to 91 vote, passed H.R. 3370 aimed at scaling back the grossly escalated premiums for government-sponsored  flood insurance.  Supporters of the legislation applaud this action saying it will stem the effects of the ill-conceived increase in premiums and reinvigorate real estate markets […]

A Bullet Dodged

In February 2013 AB 1164, known as the California Fair Paycheck Act, was introduced. The Bill, if passed, would allow an employee, or an entity including a governmental agency on behalf of the employee, provided that agency was to receive a portion of the compensation payable, to record and enforce a wage lien upon an […]

North Coast Environmental Groups Issue Warning that Frost Protection Activities May Violate the Endangered Species Act

California River Watch, Coast Action Group, and Forest Unlimited have issued the attached letter to North Coast vineyard owners and operators that divert water for agricultural purposes in the North Coast. The letter warns that water diversions for frost protection could result in the “take” of threatened and endangered salmonids in north coast streams, not […]

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