Real Estate licensees cannot practice real estate in a vacuum; knowledge of real estate laws, codes of ethics, agency relationships and disclosures all merge together to give them the basis from which they may effectively practice and continue to build their competence, confidence and professionalism.
It has long been a requirement that any subcontractor or material supplier seeking to enforce a mechanic's lien must first file a 20-day preliminary notice. The requirement existed before the California legislature revised laws relating to mechanic's liens and stop notices in 2012, and similar requirements exist after 2012.
Most contractors know that the mechanic's lien is one of the best remedies available to the contractor, laborer, and supplier because it allows for the foreclosure of real property if payment is not made for construction work and/or materials supplied to the project. What many contractors may be unsure of is on which projects a lien should be recorded.
The tenancy-in-common (TIC) has survived into modern times as a method of concurrent ownership of real property. In a TIC, each owner is referred to as a tenant-in-common, and each owns a fractional interest of real property under a separate distinct title.1 TIC's are common where the co-owners are not married or have contributed different amounts to the acquisition of a property.2 Insofar as each tenant-in-common owns an undivided interest in the entire property, each is entitled to an undivided interest in the revenues from the property, subject to the rights of the other co-tenants.
Experts in the emerging field of data analytics now provide attorneys with powerful new tools to transform and evaluate 'data dumps' exchanged during legal discovery. While many national-scope firms have developed in-house data analytics skills, regional and local firms now also have full access to third party state-of-the-art processing algorithms and optical scanning software that convert paper images to analyzable data. Over the past five years, refinements in data analytics techniques and document review software have moved to the forefront of litigation support to dramatically change the landscape of discovery. To improve case outcomes, outside experts in data analytics look to: 1) get more out of the available case data, 2) reduce human error and risk, and 3) save 30-70% (or more) in costs and time. Several examples below illustrate the case for advanced analytics.
Tenants, visitors and vendors who enter upon commercial properties (office buildings, retail centers, apartment communities, industrial buildings, etc.) are entitled to the presumption of safety when traversing public spaces. They should, and do, expect that the owner of that property, by making it accessible to the public, will maintain the property (parking areas, lobbies, hallways, grounds, pools and the walkways that connect these elements) to a reasonable standard of care.
Selecting any expert witness requires an attorney to understand the issues at bar, as well as the opinions of experts that will be required to provide clarity to the finder(s) of fact. Some areas of practice, such as land use and real property litigation, often create added dimensions of complexity in evaluating and planning for necessary testimony. Obviously, litigation varies widely from case to case, and the attorney's challenge in putting together expert testimony to clearly define the facts and relevant conclusions of the case cover a tremendous range of issues. Considerations that go into properly evaluating the need for expert testimony, and subsequently selecting and managing the experts, can be one of the most critical aspects of case and trial preparation.
While it is true that the National Housing Act of 1930 and other acts and organizations sought to both foster and insulate housing from the overall financial marketplaces, such separation is not limitless. No matter how many special authorities, administrative agencies, or segregated financial institutions are created, in order to supply adequate shelter, the financial instrumentation utilized in the housing market is still an integral part of the overall financial marketplace. Ask any American who was born after D Day and they will presume that available and adequately priced shelter is theirs for the asking.
Throughout the country, real estate agents are celebrating the wonders of sending contracts and disclosures to their clients electronically. The paperless transaction has become an admirable and reachable goal with the unintended side effect of increasing risks in real estate transactions.
Much of an individual's success as a real estate broker or salesperson is built on the good reputation he or she develops with buyers, sellers, affiliates and other licensees. Staying on a steady course, however, is not as easy as it seems. In fact, licensees may actually lose business, particularly with sellers who do not want their agent to disclose everything he or she knows about the subject property.