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.

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 […]

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 […]