Category: Property Law

The COVID-19 outbreak has created a slew of issues and potential areas for debate in the real estate world.  This has included issues with performing under active or potential purchase contracts, as well as determining how real estate agents may operate their businesses.  In light of these issues, the California Association of Realtors (“CAR”) has…

Read More “California Association of Realtors Releases 4 New Forms in Response to Pandemic” »

Podcast Episode 124: “Non-Resident Taxes Part II.” Like all things tax related, non-resident tax is complicated when it comes to buying and selling real estate in Canada. In February, 2016, I posted a lengthy blog on non-resident tax and how it can affect buyers, sellers, and realtors. Lots of liability and dangerous situations here, folks,…

Read More “Negotiating Tax on Real Estate Deals when the Seller Is not a Resident of Canada. – Investor Lawyer” »

COVID-19 has had far reaching economic effects that continue to ripple through every industry, and real estate is no exception. In this time of uncertainty many of those who have recently entered into real property purchase contracts find themselves unwilling or unable to complete the transaction. These buyers often have thousands of dollars at risk…

Read More “Defenses For Buyers in the Era of COVID-19” »

This episode of Tales from the Trenches is shocking! A client had retained my legal services to help with purchasing her dream home in Edmonton, Alberta. The seller provided a brand-new real property report (RPR) to my client, who in turn sent the RPR to me for review. There were a few red flags, but…

Read More “You Can’t Fight City Hall on Real Property Reports and Compliance – Investor Lawyer” »

In light of the Coronavirus (“Covid-19”) Pandemic that has affected schools, businesses, housing and employment, the Santa Clara County Board of Supervisors adopted Ordinance No. NS-9.287, an Urgency Covid-19 Eviction Moratorium (“SCC-Moratorium”), on March 24, 2020. The SCC-Moratorium immediately took effect and it expires on May 31, 2020, unless extended by the Board of Supervisors.  …

Read More “What you Need to Know about the Santa Clara County Covid-19 Residential and Commercial Eviction Moratorium” »

This Tale from the Trenches is the second in our ongoing mini-series on permits for real estate. You know, those sometimes-nasty bits of paper that towns, cities, counties, and other municipalities require before you can do certain types of work on a property. From my perspective as a real estate lawyer, I think it’s fair…

Read More “Rules and Regulations for Secondary Suite Permits Getting Stricter – Investor Lawyer” »

The current Shelter in Place orders in San Mateo and Santa Clara County, along with the current MLSListings guidelines and rules, have changed the way REALTORS® conduct business during the COVID-19 pandemic. While helping people buy and sell arguably the most valuable asset one could obtain, most aspects of the business have been moved to…

Read More “Conducting Business as a REALTOR® in San Mateo and Santa Clara Counties” »

This is the third Tale in my recent mini-series on Real Property Reports (RPR), municipal compliance, and building/development permits. Our first two Tales dealt with the maze of bureaucracy that surrounds permits and the dangers of not getting a clean RPR with compliance when buying real estate. As per usual, my examples are from Alberta, because that’s…

Read More “Three Examples of Real Estate Woe with Permits, Surveys, and Compliance – Investor Lawyer” »

Outside reverse veil piercing differs from traditional veil piercing, which is permitted due to the “‘The alter ego doctrine prevents individuals or other corporations from misusing the corporate laws by the device of a sham corporate entity. Traditional veil-piercing permits a party to pierce the corporate or limited liability company (LLC) veil so that an…

Read More “Outside Reverse Veil Piercing in California” »

I. Partition Abuse and the Problem of Declining Intergenerational Wealth Unfortunately, a far too common scenario occurs where the family home passes to the children where the parents decease intestate (meaning, mom or dad did not have a will, trust, or any other estate plan providing for the disposition of the home) and the home…

Read More “Tenancy-in-Common Complications in the Uniform Partition of Heirs Property Act” »