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If undisclosed defects are bad enough that the buyers really don't want the property, rescission should be available and may be a better remedy than selling the property at a large loss and then waiting to see whether the loss can be collected from the sellers. In...
In the Los Angeles case of Ong v. Fire Insurance Exchange, filed on April 3, 2015, the insurance company denied a claim for fire damage, because the home had been vacant for more than 60 days. A vagrant had broken in, brought in a mattress and firewood, and...
Just because your neighbor has a survey doesn't mean it's right. Get your own survey. Until you know for sure, you don't know what your really fighting about.Even if the neighbor is correct about the boundary, you still might have a right to keep the fence where it...
The Court of Appeal has upheld a trial court's power to order a neighbor to stop violating a law, a property right, or CC&Rs, while the lawsuit is still pending. The purpose of a preliminary injunction is to preserve the status quo and not allow the problem to get...
A trial court and the court of appeal have held that property owners who allowed a neighbor to landscape, irrigate and install lighting on a driveway easement across their property, had inadvertently and unintentionally given up a permanent irrevocable license for...
First American Title Insurance Company recently won a case which highlights an important limitation of title reports and title insurance policies. First, a title report is nothing more than an offer to sell a title policy. You cannot sue a title company over something...
If you have either a customer, an employee, or a supplier, then you need to operate as a corporation or limited liability company. The idea is to keep your personal assets, retirement and other savings, and debts completely and legally separate from debts and economic...
Summary. The January 12, 2015, case of Grand Prospect Partners, L.P. v. Ross Dress For Less, Inc., upheld a cotenancy clause, which provided that the tenant was not required to move in and open for business, both if a certain percentage of the retail square footage of...
You have just moved into your new home. You read books and articles about how to buy a used home. You hired a well-recommended licensed Realtor to help you find and buy your home. You hired a home inspection company and a general contractor recommended by your Realtor...
Should you sign a contract with an arbitration clause?When you sign a contract, like a lease, a loan, or a license to use a patent or trademark, including a franchise agreement, if it contains an arbitration clause, you are agreeing to arbitrate disputes, even though...