The "For Sale By Owner" (FSBO) model offers homeowners an appealing alternative to traditional realtor-assisted transactions. By eliminating commission-based brokers, sellers may hope to retain more of the purchase price. However, this perceived simplicity conceals a complex framework of disclosure laws, contractual obligations, regulatory compliance, and litigation risk—all of which persist regardless of whether a licensed real estate agent...
Selling real estate without the assistance of a licensed real estate broker—commonly known as a For Sale By Owner (FSBO) transaction—does not exempt the seller from California’s strict disclosure obligations. While FSBO sellers may believe they are avoiding broker-related legalities, the law imposes non-delegable duties on sellers of residential property to disclose known material facts. Failure to do so exposes the seller to liability...
Real estate disputes in California frequently involve questions of ownership, possession, and legal title. Two legal remedies often invoked in such cases are quiet title actions and adverse possession claims. While both mechanisms can result in a judicial determination of ownership, they are legally distinct in origin, function, and evidentiary burden. This article compares and contrasts the quiet title and adverse possession remedies in...
Entrepreneurs forming a new business entity often face a pivotal structural decision: Should they operate as a C Corporation or elect S Corporation status? Both entities are governed by the same foundational corporate law under the California Corporations Code, yet they differ significantly in federal tax treatment, shareholder rights, and limitations on ownership. This article explores the legal and operational distinctions between C...
Contracts form the backbone of nearly all commercial and real estate transactions in California. When one party breaches a contractual obligation—whether by failing to perform, delaying performance, or repudiating the agreement—California law provides a variety of legal and equitable remedies. Understanding the scope, limitations, and applicability of each remedy is essential for parties seeking redress and for drafting enforceable...
In real estate co-ownership disputes, one of the most drastic legal remedies available is physical partition—the court-ordered division of jointly owned real property into separate, individually owned parcels. While often overshadowed by the more commonly invoked partition by sale, physical partition remains a viable and sometimes preferred method when the subject property can be equitably and practicably divided. This post explores the legal...
When a California real estate licensee is investigated or disciplined by the Department of Real Estate (DRE), the threat to their license is only one part of the problem. DRE accusations, investigations, and even informal complaints frequently generate—or are generated by—civil lawsuits. In some cases, the DRE process is simply the regulatory side of a much broader legal conflict: one where the licensee is simultaneously defending their...
California real estate brokers face a heightened level of regulatory scrutiny—not just as licensed professionals, but as supervisors, business owners, and fiduciaries. The Department of Real Estate (DRE) holds brokers strictly accountable for the conduct of their affiliated licensees, even in cases where the broker was unaware of the violation. A single salesperson’s mistake can result in formal disciplinary action against the designated...
Guiding Legal Counsel, APC – Strategic, Discreet, and Aggressive Defense in Complex Licensing Investigations If you are a California real estate licensee—whether a broker, agent, or corporate officer—facing investigation or disciplinary action by the Department of Real Estate (DRE), the stakes are high. Your professional license is your livelihood, and the consequences of discipline can range from public reproval to full revocation....
Understanding the Nature of Asset Purchase Agreements An Asset Purchase Agreement (APA) in the context of real estate is a multilayered contract that governs the acquisition of individual property interests, improvements, tangible and intangible assets associated with real property, as opposed to a mere transfer of shares or memberships in an entity that owns real estate. The APA elucidates which assets are transferred—land, buildings,...
