News & Analysis as of

Residential Real Estate Contracts

Nevada Supreme Court Affirms that Arbitration Agreements in CC&Rs are Binding and Enforceable

by Payne & Fears on

In a win for residential developers seeking an alternative forum to resolve construction-defect claims, the Nevada Supreme Court rules that arbitration agreements in CC&Rs are enforceable. Based on the following, the court...more

Tenants and Personal Property after a Foreclosure Sale

After a judicial foreclosure sale concludes and a certificate of title is issued, the purchaser named in the certificate may find the newly acquired residential property either occupied by a tenant in possession or filled...more

Making “Best Efforts” to Play in Tune or to Comply with Real Estate Contracts

It is difficult to play a violin in tune. For one thing, unlike with a guitar, there are no frets or markings on a violin fingerboard to tell the violinist where to put his/her fingers. The fingers must move up and down the...more

Ruff Justice: implying reasonableness in applications for consent

by Hogan Lovells on

A management company’s refusal of consent to keep a pet in a flat gives us an opportunity for bad puns and gives landlords ‘paws’ for thought. After Mr and Mrs Kuehn bought a leasehold flat in East London, only one thing...more

Ohio Enacts Provisions Regarding Residential Mortgage Lending Act

by Weiner Brodsky Kider PC on

Ohio recently enacted House Bill 199 to amend the Ohio Mortgage Brokers Act and Ohio Mortgage Loan Act to establish the Ohio Residential Mortgage Lending Act in order to regulate all non-depository lending secured by...more

Are you including a mediation provision in your real estate contracts?

Businesspeople and their lawyers have long discussed whether to include an arbitration clause in their leases, construction contracts and other real estate agreements. The questions that guide that decision include: Who will...more

Government proposes to abolish residential ground rents

by Hogan Lovells on

Following a number of recent reports of scandals involving leasehold properties, the Rt Hon Sajid Javid MP, Secretary of State for Communities and Local Government, yesterday issued a consultation paper entitled “Tackling...more

California Residential Leases: Ten Things to Know (Part 2)

by McManis Faulkner on

Renting a house or apartment in California presents many potential legal pitfalls for tenants and landlords alike. This article is Part 2 of a two-part series listing ten important rights and responsibilities every...more

Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures

We’ve written before about the Right to Repair Act (Civil Code Sections 895 et seq.). The Act, also commonly known as SB 800 after the bill that established it, applies to newly constructed residential units including...more

Voters Overwhelmingly Approve ‘Build Better LA’ Initiative Resulting in New Affordable Housing and Local Hiring Requirements For...

Voters this week approved Measure JJJ, otherwise known as the Build Better L.A. initiative (the “Initiative”), which establishes new labor and affordable-housing requirements for developers in Los Angeles seeking...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19586 - Harrington v. Freedom of Information Commission - The Court started off by saying..... We have not previously had occasion to squarely address..... [this]...more

Supreme Court Limits Landlords Liability for Disrepair

by Dentons on

The recent Supreme Court decision in Edwards v. Kumarasamy [2016] UKSC 40 will come as a relief to buy-to-let landlords concerned about their liability for disrepairs in common parts. The Supreme Court, in the context of...more

Sellers of Certain Connecticut Real Estate Required to Attach Housing Disclosure Form To Purchase Agreements

by Shipman & Goodwin LLP on

On May 16, 2016, the Connecticut General Assembly enacted Public Act 16-16, which requires sellers of Connecticut real estate consisting of two or more units to attach to purchase agreements, options and leases which contain...more

B.C. Introduces New Rules to End Real Estate “Shadow Flipping”

The British Columbia government has announced new rules aimed at ending the recently decried practice of shadow flipping of real estate contracts. Shadow flipping has recently become a focus of the hot real estate market...more

Stamp duty land tax reforms

by Dorsey & Whitney LLP on

Stamp duty land tax – Reform of charging provisions for non-residential property - In his Budget 2016 speech, the Chancellor announced changes to the rules for calculating the stamp duty land tax (SDLT) charged on...more

Unlawful Detainer – “Lease” v. “Sale” Agreement

by Low, Ball & Lynch on

Jon Taylor, et al. v. Nu Digital Marketing, Inc. - Court of Appeal, Third Appellate District (February 29, 2016) - An unlawful detainer action is authorized and governed by California Code of Civil Procedure §1161...more

A Closer Look at "Accidental Contracts"

While the intention of the parties in the deal may be straightforward, unfortunately the law is often not. Most real estate deals begin with a letter of intent (or term sheet) spelling out the principal terms of the deal....more

Sellers' Real Estate Agent Did Not Breach Duty to Disclose Existence of Mold to Buyers

by Hinshaw & Culbertson LLP on

Watterud v. Gilbraith, No. DA 15-0234 (Mont. Oct. 6, 2015) - Home sellers hired defendant real estate agent to sell their home and entered into an agreement with plaintiffs purchasers. The agreement included property...more

New Fifth Circuit Opinion is a Warning to Lenders Using “As Is” Waivers in Real Estate Contracts

by Balch & Bingham LLP on

In Jones v. Wells Fargo Bank, N.A., No. 15-30031, — F. App’x —, (5th Cir. Sept. 29, 2015), the Fifth Circuit reversed the dismissal of a lawsuit against Wells Fargo for its alleged failure to disclose known mold problems,...more

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