April 8th, 2024 at 1:08 pm
C.A.R. has recently released 4 new and newly-revised landlord-tenant forms, including the Application to Lease or Rent (LRA), and Notice of Termination of Tenancy (NTT). (more…)
April 1st, 2024 at 1:30 pm
Background: The Legal Tip from 2 weeks ago addressed the disclosure of a buyer’s name. The issue usually arises when a listing agent wants a buyer’s agent to disclose the name of a buyer. The listing agent generally wants that information to include in the listing agent’s safe harbor list of prospective buyers when the listing expires. The legal conclusion that we reached 2 weeks ago was that it’s best practices for a buyer’s agent to ask the buyer for permission before divulging the buyer’s name to the listing agent. The reason is the buyer’s agent has a duty of confidentiality that may prevent the buyer’s agent from disclosing the buyer’s name.
Follow-Up Question: The follow-up question for this week is whether a buyer’s agent must first get the buyer’s approval before giving the buyer’s name to the listing agent. Is the answer Yes or No? (more…)
March 25th, 2024 at 2:29 pm
Agents Beware! Square footage discrepancies in a real estate transaction can give rise to disputes and legal claims. Here are some quick tips for agents dealing with square footage issues: (more…)
March 18th, 2024 at 4:09 pm
Fact Pattern: A buyer’s agent accompanies a buyer to preview a property listed for sale. Months later, the listing is about to expire. The listing agent has a safe harbor period that protects the listing agent’s commission for 180 days after the expiration of the listing for buyers who have previewed the property or have written an offer (see paragraph 3A(2) of C.A.R.’s Residential Listing Agreement). The listing agent wants to put that buyer’s name on a Notice of Prospective Buyers (NPB) to give to the seller.
Multiple Choice Question: Which one of the following statements is true? Pick the best answer:
A. The listing agent can require the buyer’s agent to disclose the buyer’s name.
B. The buyer’s agent has the right to give the buyer’s name to the listing agent.
C. The buyer’s agent may have a duty of confidentiality to the buyer that prevents the buyer’s agent from disclosing the buyer’s name.
D. The buyer’s agent can give the buyer’s name to the listing agent if both agents work for the same brokerage. (more…)
March 11th, 2024 at 4:13 pm
True or False? If a buyer and seller have entered into a C.A.R. Residential Purchase Agreement (RPA) that identifies the buyer as “John Doe and/or assignee,” John Doe has the right to assign the contract to any other buyer during escrow. (more…)
