App Pop-Up Bars Enforceability of Arbitration Agreement

After waiting more than 5 minutes for an Uber ride to show up, Julian Metter called the driver, only to learn the driver could not make it. The driver instructed Metter to cancel the ride and order a new one.  Unbeknownst to Metter, he was charged $5 for cancelling the

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California Governor Declares End to Drought

On April 7, 2017, California Governor Jerry Brown signed an executive order rescinding the declaration of a state of emergency concerning the drought. The order was effective in all California counties except Fresno, Kings, Tulare, and Tuolumne, where emergency drinking water projects are continuing to address diminished groundwater supplies. The

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Supreme Court Clarifies Real Estate Agency Duties

In the last issue of The Dirt, we discussed the California Supreme Court’s consideration of the duties of a real estate agent as we described the oral argument before the Court in Horiike v. Coldwell Banker Residential Brokerage Co. The Court has now rendered its decision, and while clarifying the

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SUPREME COURT: Cities May Sue for Effects of Predatory Lending

On May 1, 2017, the U.S. Supreme Court interpreted the Fair Housing Act (FHA) in a way that could send shock waves through the lending industry and open the door for law suits not only by cities but also homeowners associations, business owners, and others. The City of Miami, Florida,

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Legislative Updates

With the end of the current recess of the Legislature in Sacramento, the Governor considered more than 900 bills that were passed during the session. Below are some that are of particular interest to real estate and escrow professionals. AB 2566—Notaries public: acceptance of identification Under existing law, notary publics

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Suspended Corporations/Lawyers Bitten By Corporate Status Laws

In a pair of decisions, two California Courts of Appeal have demonstrated that the statutes regulating suspended corporations have real teeth, providing a cautionary tale for those who deal on their behalf. The cases show what can happen to a suspended corporation both at the beginning and the end of

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Supreme Court Grapples With Real Estate Broker’s Dual Agency Duty

Cortazzo, a licensed real estate agent working for Coldwell Banker Residential Brokerage, a real estate broker, listed a home in Malibu for sale. Namba, another agent working for the same broker, found a buyer, Mr. Horiike. The public records showed the property had 9,434 square feet, while the building permit

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This Open House Was A Little Too Open

In an age where we focus on cyber-security, it pays to remember that old fashioned crime is alive and well. A case in point arose from an August 2016 open house held in Sherman Oaks, California, by a prominent real estate brokerage firm. A young couple came into the house,

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Court Invalidates CFPB As Structured, Interprets RESPA

“[O]ther than the President, the Director of the CFPB is the single most powerful official in the entire United States Government, at least when measured in terms of unilateral power.” Addressing that major concern, the U.S. Court of Appeals for the District of Columbia has ruled that the Consumer Finance

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When Talk Is Not Cheap

It is common for parties to settlement agreements to include terms by which the parties agree to keep their settlement confidential. The reasons for these provisions vary. Sometimes a settling party with considerable wealth does not want others to know that the party paid to settle a dispute for fear

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