Backsies! When Can You Rescind a Real Property Purchase Agreement?

ThinkstockPhotos-527074543 (1)You buy a house and then discover that the seller didn’t disclose a material fact about the property—say, the sewage system you thought was owned by the city was actually owned by 13 different residents in the area, and you’re now on the hook for maintenance costs. Compounding matters, the house’s value has dropped significantly since you bought it. What do you do? Try to rescind the sale contract.
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Can a City or County Make It a Crime to Cultivate or Use Medical Marijuana?

ThinkstockPhotos-183575355Since the legalization of medical marijuana in California 20 years ago, some cities and counties have found ways to keep it out. Are their land use powers still powerful enough to do it? Continue reading

New Year, New Laws for Real Property Practitioners

464956543Were you able to keep track of the new legislative changes that may affect your real property practice? Don’t worry, we did and here are some key changes every California real property lawyer needs to know. Continue reading

Can a Tenant Be Evicted for Using Medical Marijuana?

ThinkstockPhotos-466465686We don’t yet have an officially reported case in California on whether a landlord has the right to get a court order declaring a lease terminated and evicting the tenant based solely on the tenant’s use of medical marijuana. And this complex question is made more unclear by the ongoing conflict between state and federal laws. Continue reading

Facing a Condemnation? Take These 5 Initial Steps

Unlike most types of litigation, ThinkstockPhotos-178998188 (1)a direct condemnation case generally assures the owner of at least some compensation for the property taken. So when an owner approaches an attorney, it’s usually to see if it’s possible to get more than what’s been offered. Low risk, right? Sadly, no.  Continue reading

Does “Red Tagging” Terminate a Lease?

ThinkstockPhotos-79934078There’s been an earthquake, and an apartment building is red-tagged by the city or county because the utilities have been disconnected and the utility lines need repair; the landlord is dragging his feet about getting them fixed. What happens to the lease? And what about red tagging that follows complete destruction? Continue reading

When Trespasser Becomes Plaintiff

ThinkstockPhotos-122406155The family of a 9-year-old California boy who survived a fall through a school’s skylight reportedly claims the school district should be held liable for his injuries because it was too easy to get on the school’s roof and district leaders knew children climbed up there but didn’t do enough to stop it. Property owners beware: A foreseeable risk can turn a trespassing child into a plaintiff. Continue reading

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