Posts Tagged ‘Northern California’

Question and Answer Regarding Regarding Whether Mirrors Stay on Property Upon the Close of Escrow

Question:  Do mirrors in bathrooms remain at a property after the close of escrow by the sellers? Answer:    It depends.  If the mirror is attached to the wall, it is a fixture and should be left at the property by the seller.  However, if the mirror is hanging, similar to a picture, the seller […]

The Serving of Alcohol at Open Houses

The issue of serving alcoholic beverages at open houses raises numerous concerns for real estate agents and homeowners.   While this may seem like a good idea to entice members of the public and real estate agents to attend an open house, there are numerous factors to consider in this regard.  One must weigh the potential […]


Attached to this Memo is a suggested Office DO NOT CALL Policy published by CAR as well as a sample of the required Company Specific Do NOT Call List which each office should maintain. It is suggested that you personalize and then distribute this Company Do-Not-Call policy to all your agents and agents’ assistants, if […]

Court Permits CalBRE to Post an Agent’s Convictions, Even Though the Convictions Were Dismissed

In Skulason v. California Bureau of Real Estate, a California Appellate Court recently held that the California Bureau of Real Estate (“CalBRE”) had no mandatory duty to remove from its website publicly available information about a real estate licensee’s convictions, including convictions that were subsequently, dismissed.  In Skulason, licensee Brenda Skulason, sued CalBRE claiming that it […]

Question and Answer Regarding Whether Emails Create a Binding Contract

Question:         Can emails create a binding contract? Answer:           Recently, an appellate court in New York held that emails between a buyer and seller may constitute a formal binding contract.  In Stonehill Capital Management v. Bank of the West 28 NY3D 439, 2016, an appellate court upheld a contract entered into by parties when the seller […]

C.A.R. Agent Commission Sharing Agreement

The California Real Estate Legal Alliance (“CRELA”) recently posted the attached article entitled, “C.A.R. Agent Commission Sharing Agreement” This is a new C.A.R. form that was released in December 2016. It is for usage by agents who are sharing clients and/or business and it is highly recommended  that this form be used in such circumstances.

Supreme Court Ruling in Horiike v. Coldwell Banker

The California Real Estate Legal Alliance (“CRELA”) recently posted the attached article entitled, “Supreme Court Ruling in Horiike v. Coldwell Banker.” This case involves the issue of dual agency and agent disclosure duties.

The Effects of Trends in Real Estate on Legal Issues

There is no doubt that changes in the real estate market affect legal issues pertaining to real estate professionals.  This is evident when reviewing the changes in the real estate market during the last nine (9) years.   In 2007, the Great Recession hit the real estate market.  As a result, there were unprecedented increases […]