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