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Posts Tagged ‘disclosure’

Court Awards Broker Attorney’s Fees Pursuant to the Listing Agreement

In Bardack v. Tomjanovich, a California appellate court recently upheld an award of attorney’s fees to Coldwell Banker pursuant to the express indemnity provision in the listing agreement. In Bardack, plaintiff purchased a home in Pacific Palisades for $6.5 million. The sellers purchased the property several years earlier for $4.25 million. At the time that […]

Transfer Disclosure Statement Has Been Amended

Effective July 1, 2014, the Transfer Disclosure Statement has been amended to require a seller to disclose if a seller is aware of certain construction defect claims under SB800. The revised TDS inquires whether a seller is aware of any of the following claims threatening to or effecting the property:  1) claims for damages by […]

Court Requires Transfer Disclosure Statement on Mixed-Used Property Where A Residence Exists

In Richman v. Hartley, a California appellate court recently held that a Transfer Disclosure Statement is needed on a mixed-use property containing both residential and commercial structures. In Richman, defendant Hartley made an offer to purchase the Richmans’ real property in Ventura, California. The property was a single parcel improved with a commercial building and […]

Court Holds that Listing Agent has Fiduciary Obligation to the Buyer Where the Broker acted in a Dual Agency Capacity, But With Separate Agents

In Horiike v. Coldwell Banker Residential Brokerage Company, a California Appellate Court recently held that a listing agent could have fiduciary obligations to a buyer where a different agent from the same brokerage represented the buyer.  In Horiike, Chris Cortazzo was a salesperson with Coldwell Banker.  He listed a property for sale on the Multiple […]

Retaining Social Media Communications

Over the past few years social media has become a large part of a real estate licensee’s business.  In response to this, the Bureau of Real Estate has issued a bulletin requiring that all communications related to licensed activity be kept in a licensee’s file for the entire three-year retention period.  This includes all text […]