What You Need to Know About the Corporate Transparency Act

It’s officially 2024, and with the new year comes the implementation phase of the Corporate Transparency Act (CTA), part of the National Defense Authorization Act passed by Congress back in 2021. Passed as part of their continuing efforts to stem money laundering, the CTA authorizes the Financial Crimes Enforcement Network (FinCEN) to collect beneficial ownership…

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New ADU Law Sparks Concerns and Opportunities

A new law is poised to reshape the realm of Accessory Dwelling Units (ADUs), affectionately known as “granny flats.” The signing of Assembly Bill 1033 (AB 1033) into law marks a groundbreaking shift, granting property owners in participating cities the ability to construct ADUs on their land and sell them to third parties as condominiums.…

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Litigation Impacting Real Estate Commissions

Multiple lawsuits challenging how real estate commissions are negotiated and shared are impacting the real estate industry. One such case, the Sitzer/Burnett case, involves an antitrust lawsuit against the National Association of Realtors (NAR) and major real estate franchisors. The plaintiffs alleged a conspiracy by the real estate trade association and real estate agents to…

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Case of the Month Colvis et al. v. Garaventa Enterprises, Inc.

In the realm of probate law, the recent case involving Garaventa Enterprises, Inc. has stirred discussions about the standing of “interested persons” in trust proceedings. The probate court initially ruled that Garaventa Enterprises, Inc. lacked standing to participate in proceedings related to a trust petition. However, the appellate court, through a nuanced interpretation of the…

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Copyright and Floor Plans in Real Estate Marketing

Rights to work, aka copyrights, is a highly litigated topic in many industries, including real estate.  Indeed, the use of floor plans in real estate marketing has become the focal point of legal battles, raising questions about potential copyright infringement on architectural works. Two federal court cases in Missouri, Designworks Homes, Inc. v. Columbia House…

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California Sets New Limits on Listing Agreements

With the goal of protecting homeowners from deceptive practices, Governor Newsom has recently signed Assembly Bill 1345.  The law limits the length of listing agreements for homeowners to 24 months.  The legislation, effective January 1, 2024, created additional protections for homeowners as it relates to encumbrances as well.  The law is designed to foster fair…

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New Executive Order Aimed at Fixing Homeowners’ Insurance Issued in California

On September 21, 2023, a new Executive Order granting authorization to the Insurance Commission was issued by California’s Governor with the stated goal of addressing the state’s shrinking insurance market, primarily due to the rising risk of wildfires. Major insurers, like State Farm and Allstate, have stopped issuing new policies in California, while Farmers imposed…

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Case of the Month – Maarten et al. vs. Cohanzad et al.

In general, local municipalities control what can be built in their communities.  These local rules, however, can be limited or powers checked by state laws that regulate in the same area.  One such rule in California is called the Ellis Act and it allows developers to take housing off the rental market if they follow…

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California Getting 56 New Housing Laws

California’s legislative cycle is ending with a bang this year when it comes to housing. To that end, the Governor signed into law 56 new bills intended to address California’s housing crisis, with the hope that this will incentivize buyers, reduce barriers to housing, and support the development of more affordable homes. The bills are…

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