property law hour two

new
unconscionable contract terms
rationale
fair for seller has read it
subagent tries to bind broker agent
sales person appropriate person
granted fm seller point of view
argument against
in fairness

signature earned acceptance
179 case
broker not entitled
nice try no cigar

procuring
break in the chain of events
prospective buyer a house
promissory estoppel

reliance reasonable
today oral listing reliance unlikely
http://en.wikipedia.org/wiki/Estoppel
higher the sales price higher the commision

buyer wants lowest price
less comission
so the worst deal you get me---the more money you make!!!

incentivize deal
2% at listing
3% if at below listing price
win-win

brokers net listing
to peers look like an idiot
some will because
  . . .
ethical problems in the listing
multiple listing service
as another kind of listing

what it really is is a service provided by the local real estate board
MLS
celebrity
high end
re:burglars, nosy neighbors

trust account
advertising expense
whatever agreed upon in attempting to market property
advanced fee addendum
p 188
becoming common
http://www.real-estate-investment.net/advance-fee-addendum.html
an option is a contract
buyers who would be speculators
exercise independent appraisal
preemption
rt of first refusal
connections of listings
option of purchasing the property at the agreed upon price
agreed fair market value
buying your property!!!!
price favorable to me!!!

disclose problems as well
first tuesday

split commissions
stat of frauds
pers
prop
service contract
if takes more than a year
year and a day
co-op agmt not in writing
RE purchase contract

residential and joint escrow
an offer from
the buyer
the seller is inviting offers
some buyers think it is
acceptance is paragraph thirty three

no pest control inspection
county tax lower than city
often pays both but its negotiable
HOA
unless negotiable.

Megan's Law offender disclosure
call # or website disclosure.

illegal redlining.
hold law los angeles
assemblyperson sponsored.

wed property law

CAR forms
buyer seller broker
last revision

leave out terms then cash on delivery
due diligence
fiduciary duties
consideration
in order to make a legally sufficient contract
detriment
commission in eschange
for buyer willing ready and able
signed by parties sought to be charged
satisfied contract demand
brokers and selelrs duties

indemnify defend v. litigation

broker should have known
this indemnification doesn't apply
should have known
dicey
dual agent
rep deposit
cleaner
in listing contract
keep commission entire

disclose as soon as practicable
hereby consents
liq damages fm buyer if cancel

seller
co-op
egregiously broker oriented
informed consent
arguably an adhesion contract

an agmt btw 2 or more persons to do or not do something.

corporate persons also can enter into contracts
voluntary agreements.
to do or not do something.
promise not to do something as wel
seventy feet to the front lot line
one valid contract
question about definition
divide contracts into classification
express or implied

in RE stated in words and in writing expressed

implied means understood not stated in words
conduct or the law
implied in fact

conduct
implied via conduct purchase transactions
implied in law
quasi contract figment of imagination.
invent it to prevent an unjust enrichment
pretend where there really is not
one way
evidentiary rules for proof
bilateral
or unilateral

two promises bilateral
typical promise in exchange for a promise
binding contract

void contracts minor, mental, drunk
capacity problem
at option of the innocent person
executory
crim---death
contracts---performed promise
real estate signed deed executed deed

capacity for contract
twenty one contract
age
18 california
capacity

best acceptance.
i accept
i accept
mirror.
counteroffer is a form of rejection
reelaborate

offers
bluebook

all the tea in china
counteroffer terminates the offer
it might be mean but i know the law

by lapse of time
do not specify when it terminates
depends on facts
revocation prior to acceptance

too late to revoke
unilateral terminate acceptance
mutual mistake as fact
terminates contract at option of either
illegal blockbusting
consent thru fear
contract voidable

undue influence tough to prove
simply allege as fiduciary you prove no---guilty til proven innocent
capacity and future consent
bargain for exchange---too much too little---time enter into contract!!!

courts not to get you out of bad contracts
bus decisions
stocks
choice
no undue influence in fidu relationship

adequacy
equitable remedies
two categories

remedies

equity specific performance
jail or any other remedy
was consideration fair
money damages

resell

consideration

adequacy in equity (church)

only sufficiency in remedy in law

old english contracts

basics of consideration
then those are the four elements avail. for contract
implied in fact contract
implied in law
some expressed in writing


statute of frauds
statute of writings to prevent fraud 16th century

tougher to prove an oral contract than
conduct constitutes contract
companion rule
parole evidence rule

from french parole to speak

if in writing then oral b4 or same time stmts not admissible
we negotiate presumption is
same time as in contract

if it were otherwise
checklist sat of frauds satisfied
subsequent stmt
b4 or at same time
or made concurrently
parole

preprinted
handwritten conveys current intent not yesterday
pure memorization of thought idea

TOE--time is of the essense

increases time requ.
so not in breach.
contracts notoriously slow to perform.

not have to be on writing
a year and a day
landlord writing
you the tenant
tenant sues for breach

statute of frauds
not a contract
lease is a form of contract
a relationship but no written contract

capacity mut consent off accept
legality consideration
memorandum compliant with stat of frauds


no defenses duress undue influence
risk breach

best is full performance
contract breached leaky roof
breach is the worst  way
if breach ct will sue and court of law or more often money damages
dont care about adequacy of consideration

little dicey minus what to complete it
if it is not partial performance

impossibility objectively impossible
every ct would honor
contract scenarios destruction of subject matter

discharge by operation of the law
bankruptcy
puts property into another category under fed BK code
sell assets then
remedy breach
back up offer
accept breach
unilateral recission
cannot terminate

ct will order a recission bc of recission.
usual remedy for actual damages.
we dont care about adequacy and specific remedy
sign the deed
powerful remedy
all elements of specific performance.
TOE--tot operat expense

voidable
option of the innocent person

Broker's responsibilities

page 96

trust account

earnest money deposit

in form of a check

three things

give it to the seller

seller might spend it the buyer the broker comes back for the money

best choice

escrow officer

not taking till escrow opense

time limit

three working days

subtrust buyer seller

a few days after that take to escrow officers

OPM

other people's money

danger: if cominngle

borrow for three days if caught and lose license.

Broker file with---anything else keep for three years.

If somebody comes along if you dont have all the documents then

independent contractor vs. employee.

Salespeople wear several hats.

The relationship with the principle.

Typically the broker.

The subagent the salesperson. One relationship

caravan look at the listings re strengths and weaknesses.

brings to saturday having floor duty.

office drop by sales.

big open house.

no time to be in the office.

nine o clock.

monday morning.

open houses on weekends.

what's going on

contractors.

meetings and training sessions for employees.

can't do with contractor.

payroll records.

if this person is independent contractor.

dental insurance

courts have said and IRS sales person is.  enough stories about broker.  this broker made every sales person log every copy staple, everything they did---going to an extreme.

re: IRS

payroll

key question.

98 figure four

when you get yr license select broker's three page form

independent contractor agreement.

mximum extent permissble by law.

department of real estate.

broker dont care what you call them---they are employee must be trained re liability issues.

this is the employer---training---for whatever.  employee.  subagent

broker is the principal.

moving list house.

take listing in what capacity.  direct as you.

seller not a principle not an agent

seller wearing four hats

independent contractor

employee

salespeople dont undrsatnd the many roles

independent contractor to max extent permitted by law

insurance on vehicle more than the minimu to protect selves

errors and omissions services.

court will say, you are liable.

salesperson is not an independent contractor.

much more complex than this

control vs. liability

one more relationship

principal

an attorney in fact

seller says---not only list property and agent

transferred back there

i trust you i think you are honest and reliable

signed by the seller

reported

where the real property located

sales person or broker

my spouse is ill in the hospital.

when he says pwr of attorney

do not give power of attorney power of attorney

once in hospital and surgery for signature

better to have in advance

ordinary general

incapacity terminates

durable power of attorney---the one you should give your loved one

broker gets special or limited power of attorney.

sign in relation to other

specific power of atty

county recorder

power of attorney

recorded property

misrepresentation

two

as author point s out 3

innocent 

negligent 

intentional

most serious

material impt under the circumstances

10000 acre ranch

one inch material depends on facts and circumstances

civil cases less punitive damges chance except for fraud

recover another million in damages

intent and knowledge

w defense

actual damages court costs and atty fees

civil wrong act duty breach actual cause proximate cross

carelessly and should have checked facts

wasn't negligent.

told something

still get recission

fraud in addition to civil fraud

district do we prosecute and put behind bars

statement.

all financial offers must be legitimate to seller

must be taken to the principal.

great wonderful

2 dollars

do take all offers to the seller unless the seller has given permission no in writing

between you and me.

confidential agreement.

now buyer calls up broker.

no dont waste my time.

eight fifty no---war

take it

revealed the lowest offer catch 22

better not 

call the owner make a legitimte

can't reveal terms or lowest offer.

death after 3 years

buyers believe in ghosts, unless buyer asks it even if they do not ask.  some druggie might show up----anything within three years the visual inspection disclosure. agency relationship

privacy issue with age discrimination

HIV law re:discrimination

better answer than that

terminating agency

two different broad categories

terminated by act of properties or by process of law

terminates the agency relationship

once accomplished the mission of selling the property

the best way is by breach

seller

fired

seller

i quit

if you wrongfully terminate it, you'll get sued--terminate by revocation--terminated wrongfully---broker choses not to bc doesnt want to get reputation for suing

out of listing contract

tactical business decision

only agent has right

broker's call if the selelr terminates but its not a wrongful termination three days after the listing contract expires

three days talked to neighbor

when are you having an open house

bc business so good

all ten signs used up explainable

business not that great

broker without salespeople or associate brokers it is a six month listing

whether terminated

close of escrow

best by agmt of parties

unilateral

find fraud then broker can terminate

not ground sfor getting out of the contract

unilaterally terminate

consult broker

call lawyer and run fact pattern by them seller

fraud

unilaterally terminate

othr way the operation of law

law says terminated bc of this

expiration of listing

exclusive listings

have to have exp date otherwise not valid contracts.

no binding purchase contract.

often has extension clause and a grace period and they are on the list of names.

essentially what said.

rare but does happen.

94 terminates agency relationship.

five months

terminated with the destruction of the subject matter.

third way way not understood.

terminates seller relationship.

dies, terminates the agency relationship.

triglycerides stroke terminates listing contract

BK effect

wrongful
sue and get commission
agmt btw broker/agent and seller

LEED cert enhancement for broker's license
competitive for CA market

CRA 1866
jones v. mayer SC neg'ed to rule out exception left in concurrent CRA 68

then CRA 1968
left clause

EEOC
master bedroom
mother-in-law suite
rare find---how discriminatory????
hearken's to redlining
sundown towns
days
look up portland 1990's mortgage banking collusion case

Unruh
Claifornia
Rumford act---then became fair housing

Unruh erased origin discrim
then gender, disability, orientation

violation under civil law

unruh
exemplary=punitive damages
treble damages
triple damages

also for antitrust damages
thus the act was extended
marital status

122
age not included as a form of discrimination in the original law
wolfson CA SC case did then extend it to age
CA SC held that
redundancy
publisher
http://en.wikipedia.org/wiki/Unruh_Civil_Rights_Act

still called for
CA fair employment and housing act
ancestry
age is not in that list.
most forms covered under fair employment and housing act

rumford
http://en.wikipedia.org/wiki/California_Proposition_14_(1963)
see
http://www.lucidcafe.com/library/jonesvmayer2.html

p125
federal housing poster
sex means gender
medical not there
ancestry not

blockbusting
http://en.wikipedia.org/wiki/Blockbusting
illegal
discrim v. unmarried couple re: condoning sin

appeal ct reversed then SC reversed appeal
http://www.kassman.com/kqed/kq052396.htm
smith v. FEHC 1996
catholics in orange case
http://atheism.about.com/library/legal/legislation/bl_rlpa_anders.htm

income source
what if it illegal?
non-reporting is violation of
which law?
"compounding a felony"
how know thru conviction . . .
what is slander????
confidentiality
don't know of CA case on point
welfare income, alimony income lawful

economic discrim?
not unlawful
can be only a rational basis kind
racial gets higher level scrutiny

CONTRACTS
voluntary redundant
two or more
labor contracts four thousand empl
more than two
parties
persons
artificial
namely corporations
term learned long ago
express stated
statute of frauds
contracts in writing
oral express contract
top page 40
what kind of implied
manifested by conduct
implied in fact vs. implied in law
QUASI---means implied in law

writ
oral----express

implied in law---ct invents to prevent unjust enrichment

another way
every contract will be bilateral or unilateral
promise and exchange for act
most are bilateral.
promise
binding contract

promise to buy house
sell house
bilateral

no promise
not paid until complete
most of times it is bilateral
assume it is bilateral and then most of the times you'll be right.
an open listing
promise to pay broker
ready willing and able
commission regardless of who gets the property.

end procuring costs.
unilateral

categorize contract as executory
get in trouble for breach
executed
performed

signed seller
deed

convict put to death one minute after  midnight
neither
perform
wholly executory
buyer and seller
as when escrow closed
deed recorded
fully executed
partly executed.
executed as to manufacturer
or executory to me.
point is breach is likely
most lawsuits are about executory contracts
http://en.wikipedia.org/wiki/Executory_contract
minor anyone under 18

minors treated as emancipated adults
statutory law
most states
author doesnt distinguish void and voidable
avoid
void

voidable at option of one party
application
re: consent ideology rape law:insight: marital immunities and rape shield exemption

statutory law take s precedence
law of necessities
case law
judge made
and statutory law supercedes

voidable

re: compounding a felony
http://en.wikipedia.org/wiki/Felony
gambling illegal in that category

contract law age of majority
18 for contracts
disaffirmance
can be by an act or expressly

can rescind the contract
minors have an advantage of disaffirming contract
parents cosign
on auto sale contract as minor could disaffirm

insanity
anyone over 18 presumed sane
then mental age
puts in a minority status
adjudged insane
then
legally insane by judge in a competancy hearing
then contract is void
all experts agree that the person is insane but not juge reified

voidable at option of innocent person

alcohol
capacity
voidable at option of the intoxicated person
end hour one

contractual intent
offer communicated
definite and certain
checklist
six parts
quantity
subject matter parties
time place performance
terms

acceptance form
can accept by fax
reasonable
keep record of transmission
email as well
unconditional

terminates the counteroffer
bidder
option with reserve
fiction
option conducted
selling real estate at auction is a marketing technique
auction with reserve
if highest bidder

original offer terminated
before offeror
offeree
acceptance
revocation before acceptance
after acceptance
ineffective
remember the california

terminating of authors
two categories
termination by the parties
and by operation of law
offeror
revoke is to withdraw the offer
reasonable in time and geographic area

CONTRACTS:
strict construction
blue pencil (pennsylvania)

sufficiency
adequacy

remedies at law
do we care about the sufficiency of consideration.
adequacy only looked at when seeking equitable remedy
something of value
not second-guess

ordinarily
adequcy of consideration examined by a court durine equitable remedy
option not an offer
third party beneficiaries
intoxication only minors can get out of the contract

fraud is an intentional tort
clear and convincing burden of proof

innocent misrepresentation
no actual damages
but recission
can cancel the contract
negigent misrep diff
reasonable substitution (california)

tenant buyers option
anything of value
when paying
valid
2000 a month
legally sufficient consideration
not iff its the same rent

options are typically exercised within the period
prospective buyer tenant if buyer wants to access options then buyer
no rt to selll to anyone else
no willing
independent appraisal
right of first refusal
http://en.wikipedia.org/wiki/Right_of_first_refusal
don't have to sell the property to me or anyone else
fraud duress
undue influence
unconscionability
adhesion
full promise by breach
not bc law says
objective impossibility

objective
subjective
impracticable---middle way
which cts view which way
commercial frustration


commercially enforced
subjective impossibility of contract performance

unconscionable to reasonable person
shocking to conscience
recog
UCC
grounds for getting out of contract
unconscienable
another

adhesion contract take it or leave it type contract
courts dont like adhesion contract

level of unconscionable
not of even bargaining strength
then not an adhesion contract.
breach
remedies avail
156
jaramillo
mandatory clause
arbitration clause

accord is satisfaction
just different
with accord and satisfaction
same parties different performance
cts accept
special problem of unliquidated death

unliquidated
good faith dispute about amt of money owed
liuidated debt
we dont do accord and satisfaction

cross out and paid in full
no good faith dispute
highest ever had
probably
if an unliquidated debt
this time we'll let you modify the debt
what giving them a portion of debt
trying to modify amt not valid
a liquidated debt
not work
no consideration
good faith in dispute
law accepts public policy in place of consideration
substituting parties

with novation
no worse off than original tenant

currency dollars
tender is an offer to  perform
if it is a bilateral contract
if i dont perf you dont either
but show ready willing
if can show
then can get cts to rule in yr favor because you tendered performance
if qualify from the loan

performed before
substantial performance
mostly
inferior materials why not quite the way speced
substantial but incomplete
damages
whatever it costs to fix
measure of damages

compensatory
all entitled to
compensate for out of pocket monetary loss
punitive exemplary
always often intentional

intent misrep or fraud
only time with contract only if malicious can you get punitive damages

how much liq damages clause
enf if reasonable
if labeledd liquidated damages but in effect punitive
nonenforcable if pun in nature

LACHES
adequacy of consideration
jury will look at

state cts can give declaratory relief
if i did this how would you rule

statute of frauds
party sought to be charged
plaintiff
memorandum to convince the court there really was a contract
stat of frauds
written contract

possession is the exception in CA
partial making payments
enough to think a contract in other states
sale of personal property
modification of the uniformal commercial code

whatever language you negotiate in
parole evidence rule
oral evidence not to modfify contract
before or at the same time
not later
is admissible to show later oral modification.

promissory estoppel
stained glass hypothetical
rely on gratuitous promise
courts can find promissory estoppel

three years
five yr adverse possession
ten years for judgements
civil code catch all 4 yrs
laches equitqble equiv
record that abstract of jdgmt
go to ct for execution lien

real estate 3-16-10

DUFFY
tuesday real estate 3-16-10
zoning laws
cc&r's
covenants and conditions
breach of conditions harsh forfeit property
certain restrictions unlawful based on race natl origin
encroachments
tree
homesteading
ch 3 wrap up

encroachment is a violation, it is unlawful
settle terms of adverse possession
homestead
creditors
protects but not against liens

judgement liens
homeowner get the home
insurance
liability 30,000 per person killed (joke)
more than the minimum better is 300, 000
one million or two million dollar limits
CA's homestead exemption
50, 000 single
married/head of household 75, 000
dependent child or elderly parent

live together you'll get a better exemption

reinvest homestead exemption
1st time buyers
p.65
often dont know about homestead exemption
if violates deed of sale
banks and mortgages can close on yr home
only judgements

insurance breaks fail
force sale
writ of execution
sherriff forces the sale.
only for house over yr head not bus property

owner occupied homestead exemption
there is  apiece of paper called deed of abandonment---file declaration of abandonment.
ideal time  to file it is when you aquire property
when you have yr trust deed recorded
in relation to homestead, a probate homestead
leave chapter 3

probability that they will be on the exam
know the terms
lis pendens
lot of material
another topic
agency

chapter 4
restraint on alienation (sale of property)
CC&R okay
as long as it is not illegal

agency for a year
covers topic for half a semester

(seller) principal designates, labeled an agent(agent) on principal's behalf for a third party.
agent now on behalf of the third party (buyer)

subagent
agent reps buyer and seller
dual agency
reps any two principals with a potential conflict of interest

agency agreement
listing contract
agency created by express oral or verbal conduct.
ostensible suthority.
authority that is thought to be had

listing contracts have a fixed termination date.
no actual suthoty.
warning listing expires.
authority
express written contract
old department store sellers were agents
page 74
above bold faced dept of real estate.

agent i the broker
subagent
implied agency.
no words express, oral expressed okay for some things
agency by estoppel

doctrine which the courts invent to prevent
twin as agent.  mone dhsnged
sat there and ler a person reoying in cjacter

created tio prevent unfar
to ednymust come from the court

agency by ratification
antique store owner off to the emergeny.
friend has ratification
ostensible---cash till, customer responsiblr held on
after the fact.
ostensible.  no actual.
when owner sys you did the right thing you  dd it  the fact
principle aftre the fact
fiduciary trust
special duties for buyer seller---but once in the realtionship of trust flow of duties.
duties and responsibilities
CA CIVIL CODE
CA dept. of real estate
fiduciary relationship is with the principal
some duties to the third party
sometimes the duty is to  a non-principle
owe  duty of honesty to principle
material facts disclosure---any important facts
owe duty of confidentiality
reasonable care
diff than utmost
duty of skill
care and skill

loyalty and duty not to make a secret profit
owe this to third party duty of fair dealing as well
transfer after escrow closes
no secret profits
no duty of good faith
duty of ordinary good faith
highest good faith to the principal
kickbacks from escrow companies

rep the buyer not the seller
for residential owner occupied one to four units federal law
owner law
agricultural
people who buy residential property
generally
dont expect them to be so sophisticated
trademark registered is the world realtor
CAR is a registered name of CAr affiliated with NAR and they own the world realtor.
you could be a broker.
trade associations are illegal.

car form 1004
new fiduciary duties
utmost care honesty loyalty
sellers and selling agent

not utmost loyalty
CAR different treatment than the courts
a decade ago NAR's ethics prohibited dual agency
seller's agent and buyer's agent, a dual agency
different questions and buyers's agency
dual agency
knowledge but not consent
informed consent
never would have given consent as such
exclusive listing contract
sellers agent is the co-op agent.
agent of neither.

sue principal for the leaky roof.
if agent failed, and then innocent third party got hurt
seller pays commission but not have them as agent.

did you fully understand???
no
informed consent

property law wednesday night

puffing
duties to other brokers
cooperate with other brokers
http://www.realestateabc.com/homeselling/listingtypes.htm

prospective buyer
share
commission
most brokers willing to do
broker
sales people
subagents
broker
coop subagent
brokers generally liable for misconduct
liable for coop brokers
no
liable for sales person duty to train but the coop
broker said that the listing broker not liable for the coop subagent

is principle liable
coop broker representing the seller
main reason for this was

indemnified by your listing broker
buyer cant deduct till sell house
brokers can sell

if i represent you then seller subagent
so paying to work against

unintended dual agency
federal law
income tax

bottom line is
dont want to rock the boat

listing v. coop
multiple listing services are provided before boards

narrow it down to
exclusive right to sell
open listing

violation of anti-trust law
as it applies to real estate broker

justice dept
has an antitrust division
enforce sherman anti-trust act
significant RE application

forbids price fixing
compensation for the broker is negotioble
if they say its not neg. that is price fixing

as a prospective principle if they say it is non-neg
tell them sherman antitrust says its neg

to carve up the marketplace and market allocation turf wise
sometimes the local brokers within a local broker board

broker from glendale
show properties and not cooperate out of town---violation of the anti-trust act

tie-in agreements
automobile manufacturers are notorious for this---a tying arrangement---you have to buy related parts---also illegal

california has its own anti-trust
clayton act
CA law prohibits agmt restircting trade
our economic system for competition fair market

have to get approval from the anti-trust dept
notoriously hard to win and lengthy
ten years
anti-trust laws often have the punitive provision
treble damages
do we wnt to take a chance getting sued by the antitrust dept.
finders fees before
to licensees
to non-licensees
atty's that pay finders fee
x$
for z$
not illegal in california

federal law outlaw finders fee---old days---
barber says gee you must be new
as soon as the barber says
stepped over the line
tax advantages
nevertheless
requires a language
customer kick back
negotiating a lease whether or not the court remanded it
does an atty need a license
to neg a contract as a business atty---not disclosure agreement an atty acting as atty doesnt need a RE license
probate atty can negotiate sale without needing a RE license
then need a license if not within the scope of duty

within the scope of duty---more on RE licenses later
sales license:
re principle
practice
prop law

broker:
eight courses under CA law
2 yrs exp

any other Q.
ch 4
civil rts act of 1968
DRE website
entity within CA dept of RE resp for licensing brokers
disciplinary hearings

headed by appointee of governor
california real estate commissioner
not only enforces real estate law in CA
make sure buyers and sellers are protected
supposedly the commisioners job commissioner
affording maximum

net listings in CA
non licensees
finders fees

the real estate commissioner
other duties
five or more lots

our focus is on the licensing
atty gen of CA appointed position
acts as an advisor for the legal commissioner

authority to issue injunctions
law
re hurt by unscrupulous licenseee
criminal law
is done by a rep of the people in the state of california
has investigators on the payroll thru the state
these investigators interview other buyers sellers brokers after the investigation determined if there will be a hearing
turned over to the appropriate district atty.
rep for the state of california
in other matters

in order for the licensees
to be
even though an administrative process
due process of law
diff with crime

more and less due process
http://en.wikipedia.org/wiki/Due_process

minimum before the applicant can
be a year maybe forever

administrative law
proceedings
ALJ for office of administrative law hearings
similar to court crowds burden of proof

conduct these
represent these hearings
burden of proof in admin hearing
convincing proof to a reasonable certainty
grounds for disciplinary action .  ..

highest beyond a reasonable doubt
dept of real estate
not a preponderance
so clear and convincing is the burden of proof

the respondent licensee who is being charged with a part of violation of the law
in a criminal case if you cannot afford an atty
state is not going to pay for it
licensee violation case will not go to court in a year
must file notice within 15b days

1st break!!!!!!!!!!!

land sales contract

syndicate no real def in CA law
could mean REIT
real estate investment trust
corporation
limited partnership

sell all one hundred
along promisary notes finance

general principle
gen pwr atty fact
allows any to do what principle wants
atty in fact can do
http://en.wikipedia.org/wiki/Statute_of_repose
da prosecution
up to the DA

real estate tues 5

license---to enter

jdg revocable
easement
our focus
easements
by express written agmt

subdivide lot

express grand easement

landlocked
inconvenient
not strict necessity

lot divisions
http://www.legalmatch.com/law-library/article/easement-by-necessity.html
claim easement by necessity

must have common ownership for easement http://en.wikipedia.org/wiki/Easement
excessive use can terminate

ways of creating an easement
can last forever

express release best way to get out/terminate

railroads

merger of two dominant tenants of two estates

can abandon an easement
nonuse for easement by prescriptive easement
non use
http://www.smithsholar.com/single_tip.php?id=84

destruction of the element
eg
shopping area
destroyed by earthquake
dominant tenant

investigate
what if
fire

two adjoining land owners

doesnt have to be the developer
v
private
pers
or company
CCR---like zoning for private individ

covenant--promise for which breach owe $
---->conditions (a redundancy)
restriction

lose title
earthquake how effect easement

http://en.wikipedia.org/wiki/Asset_forfeiture
http://en.wikipedia.org/wiki/Fee_simple

which is stricter
controls

zoning or CC&R

zoning sev weeks later
no explanation for restrictions

final thing
restriction on unconstitutional
unlawful racial discrim
NOT ENFORCEABLE

not struck fm record---
la jolla CC&R---no jewish

san diego contra blck

disclaimer, unlawful restrictions not enforceable

quiet title action
expensive to remove
http://en.wikipedia.org/wiki/Quiet_title

derailed sup ct nominee

read the fine print
encroachment
http://en.wikipedia.org/wiki/Structural_encroachment

but how interesting is this
http://en.wikipedia.org/wiki/Temporal_encroachment

stat of lim.  encroaches

real estate tues 4

tax lien
fed or state or bus non-payment
essentially
http://en.wikipedia.org/wiki/Tax_lien

http://en.wikipedia.org/wiki/Special_assessment_tax

judg lien re loss of a suit
sum to plaintiff
http://en.wikipedia.org/wiki/Deficiency_judgment
an abstract of judgement
summary of jdgt to ct rec off have judg recorded
acknowledge
record judg lien
fm day of file jdg lien

priority over
valid for ten yrs
jdg lien

real propertty affected
probably collet jdgmt

coordinate old loan
lender get paid
escrow will  affect buyer if not meeted out
sellers equity

be aware
prelim title report

surmountable time
receipt of payment
unimpeachable witnesses
back up and prove

brokers under mechanic's lien
judgement liens
if i do not own real property
hire detective find bank acct

ten yrs to collect
if offshore

apear to have no assets then ten yr lien can be extended

bks on how to collect jdgmt
real prop and no payment and bnk acct w/money

execution lien at court---then valid for a year
http://law.scu.edu/FacWebPage/Neustadter/article9/main/commentary/5.html

sheriff seizes
sell at public sale
bring money
pay off mortgage then
mech lien and jdgmt lien
if any left owner gets

property owners typically vulnerable
easy targets

rather pay than have fire auction

dont have to wait nine years
waiting sheriff sell property

stonewalled
assets
execution lien only a yr

if no real prop and cant find pers prop (Bank acct etc)
cant collect

escrow wont close
you buyer dont want

satisfaction of  jdgmt
record to show jdg lien paid
http://legal-dictionary.thefreedictionary.com/satisfaction+of+judgment

check county recorders to check for liens
ask seller
prudent to ask

some sellers will not say
when you open escrow

attachment lien
sue someone
waiting for yrs for date in ct
post jdgmt
appealed

what is to keep prop owner fm selling to avoid lien
http://www.sos.ca.gov/business/ucc/attachment-lien.htm
hard to get
easier for commercial industrial prop
convince

and only for max amt jdgmt

sold and subject to 100000 lien aside in escrow by court
if house sells for a mill---

plaintiff may have sanctions or reverse

lis pendens
http://en.wikipedia.org/wiki/Lis_pendens
less difficult to get than attch still tough more flex

http://en.wikipedia.org/wiki/Writ_of_execution

real estate tues 3

http://en.wikipedia.org/wiki/Quitclaim_deed

http://en.wikipedia.org/wiki/Prenuptial_agreement

broker sales pers
get quitclaim fm oth spse even if claim it is sep
poss it is not

contracts---save for prenup

newly created by CA statute
http://www.help4srs.org/legal/newcpsvr.htm

avoids probabte

also jt tenancy avoids probate

if no will all goes to spouse

avoid probate
req. valid marriage

one TTIP

one by pol
tenancy in common

single man means never has been married

must specify divorce or widower
end of co-ownership
recording acknowledgement
county recorder with document
norwalk county recorder office
date time stamp

miniscule size

copy by hand
original deed
must be acknowledged

not public have expertise

county recorders do not spot fakes
require ID for notary public
rt thumb print
fakes
buy blanks fake thumbprint
97.8% (duff "i made that up" disclosure) effective
grant deed

re trump---wanted it to go to ct.
gen: anti-ct, soc. too litigous
constructive notice
legal fiction
http://en.wikipedia.org/wiki/Constructive_notice

race-notice examQ
---hurry to get there and no notice of a prior transfer

http://en.wikipedia.org/wiki/Legal_fiction

not permitted to give legal--tax law--advice draft docs
fast way to lose the license

ch 2
defeasible fee stuff
hardest ch
if you understand---this book---RE exam
test Q.

http://realestate.about.com/od/df/g/defeasible_fee.htm

http://en.wikipedia.org/wiki/Fee_simple

http://en.wikipedia.org/wiki/Defeasible_estate

choose better answer when multiple are true
hopefully no poorly writ Q

non free hold state
fm businessdictionary.com
Exclusive right to enjoy the possession and use of a parcel of land or other asset for an indefiniteperiod. In contrast, a leasehold estate is for a fixed, definite period. See also fee simple absolute in possession.
ch3
encumbrance---a restrictions that limits use and enjoyment of property
include

1. lien--charge against prop for payment of money
http://en.wikipedia.org/wiki/Lien

voluntary
involuntary (trust deeds and mortgages ch 8&9)

mechanics liens---in CA constitution bc most vulnerable
http://en.wikipedia.org/wiki/Mechanic's_lien
labor and materials---special category like equity---for gen contractor---subcontractor---
landscape contract

commencement of work----mech lien
date of priority
most things are when recorded---but for mech lien it is when work starts

perfecting lien by placing materials on site by giving priority---go to the head of the line----
vulnerability
file doc
preliminary notice within 20 days of work started in the county recorders office
day lumber placed
gives notice lien has priority
p52
contractor--takes prec over other liens---tax etc
unless they are prior
aft prelim notice
http://en.wikipedia.org/wiki/Preliminary_Notice

subcontractors---paid when contractors
never pay in advance

ninety days to hear excuses for non payment
contractors

filed notice of completion
http://www.answers.com/topic/notice-of-completion
sub contract shrinks to 30 days
contrct to 60

they then have to file suit
prove work done
no pay
defense: leaky roof
proof paid---in writing
judgement
priority goes back to 3 yrs b4
priority

MEMORIZE for DRE exam.


judgements
tax liens

general all prop you own

specific re specif prop

some voluntary and specific

trust deed and mortgage--later

2. CCR
3. encroachments
4. leases
5. blanket encumbrance (exam)---developer---100 lots say---money fm the bank---lien on all 1000 lots---sell lots---so then developer opens one lot so you can get loan
charge against property---for the payment of money


p 57
Exh 3-3

then
http://www.download-construction-forms.com/notice-of-non-responsibility.html

real estate tues 2

limited partnerships not unheard of--http://www.bizadvisor.com/pshp.htm
liability limited to the investment
http://en.wikipedia.org/wiki/Limited_liability_partnership

http://www.nolo.com/legal-encyclopedia/article-29748.html

most specific
community property
acq in marriage while domiciled in a com prop state
not separate prop
http://en.wikipedia.org/wiki/Community_property
eight states
http://en.wikipedia.org/wiki/Treaty_of_Guadalupe_Hidalgo
re: more =
ERISA

quasi community property

re states tax jump--com prop spread, then tax benefit ruled over by statutes
http://commonlaw.findlaw.com/2009/01/supreme-court-rules-on-payment-of-pension-plan-benefits-the-importance-of-designating-and-updating-b.html

re: div marriage and Prop 8
heterosexism

gift is sep
http://family.findlaw.com/divorce/divorce-property/

oh divorce law!
http://topics.law.cornell.edu/wex/divorce
if aq during marriage it will be treated as com prop
take title in partnership
or as jt tenants
w rt of survivorship
possible too!!!
http://californiadivorce.info/legal.process.timeline.htm

marvin v. marvin
leads people to think there is com law in CA but NO
http://law.jrank.org/pages/3295/Marvin-V-Marvin-Palimony-Suit-1979.html

quasi contract

has to be in writing
got palimony to retrain for work

created panic at the time
to est in contract ownership among couples

adverse possession application

hope to get going with teachoutloud.com with all my audiofiles----how wonderful---recording audio file.
http://teach.learnoutloud.com/
tech support told me soon they will support upload of mp3s

tape recorded oral agreement is valid
"i leave you everything"
then this becomes com prop.

change separate prop.
wish duffy were not so FISA aware/respectful
http://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act
re: copyleft
ADA access
edu
global literacy

new times will lend for new methods.
he is such a good teacher.

real estate tues 1

could not possibly do justice to duffy's excellent approach---
fast and furious---roughly ch 2 of CA RE Principles
color of title
appearance of good title

http://en.wikipedia.org/wiki/Color_of_title

legal description wrong
appearance of good title

adverse possession
http://en.wikipedia.org/wiki/Adverse_possession

claim of right
http://www.nysscpa.org/cpajournal/2004/1004/essentials/p42.htm

property taxes
nov del dec 10
two installment

as true owner
when adverse possessor tries to overlap
if you pay first

check back
first reaction
nice someone paid for me . . . actually may lose

5yrs title

open and notorious

why would a true owner allow another to pay


how long get away with hypothet
"when you say what not"
precedence of the received tax 1st
X10
pay online
or in cash
county office

easement by prescription
http://www.nysscpa.org/cpajournal/2004/1004/essentials/p42.htm

transfer by dedication
https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=14-84+Powell+on+Real+Property+84.syn&srctype=smi&srcid=2A0C&key=38f1b1373da7b39010ba4e2af586247b

by deed
by will

severalty-ONE
title in severalty

discursively re lands indig
http://www.law.cornell.edu/uscode/25/usc_sec_25_00000640---d008-.html

undivided rt of ownership
http://duhaime.org/LegalDictionary/C/Coownership.aspx

rt of survivorship
by law
goes to joint owner/tenancy
cts dont like it
http://en.wikipedia.org/wiki/Concurrent_estate

TTIP
Title
Time---at com law it wasnt unusaual to have spouses owned by neutral 3rd party then retransf back
ct to get bck
spouses now do away with time title req.
by CA stat
undivided interest

buy together
deed must clarify

cts pref ten. in common
jt ten with rt of survivorship
if they get talking