The BPE Consult

Legal Update Real Estate

THE BPE $300 CONSULT

Your first step for understanding:
(1) Foreclosure/SS Risks
(2) Business formation / Contracts
(3) Real Estate Disputes for
Contract issues
Non-­Disclosure of Defects
Title Problems
(4) Wills, Trusts, & Probate
Call BPE for an appointment today.


SAR LEGAL UPDATES

Aug ­ BRE Investigations
Jul ­ Equity Sales Act
Jun ­ Understanding Lis Pendens
May ­ Owner-­Builder Liability

Real Estate News

Get the latest news on changes affecting real estate and you at bpelaw.com.
Popular Topics:

  • IRS/CA waive Forgiveness Tax
  • Specific Performance
  • 120 Day Notice to Tenants
  • Understanding Estate Planning
  • Lawsuits Don’t Stop foreclosures
  • Understanding HBOR

NEED LEGAL HELP NOW?

Call us at:
BPE Law Group, P.C.
Fair Oaks
Lincoln
Gold River (Nov)
(916) 966­2260
www.bpelaw.com
sjbeede@bpelaw.com


SEMINARS

BPE Law’s attorneys are available for legal update training for Realtors and real estate professionals Sun City Lincoln Of ice Doubling size New Gold River Of ice Opening November 1st

1. BAD NEWS FOR UPSIDE­DOWN OWNERS
Modifications ­ Lenders not interested
Short Sales ­ Auction sites OK for price validation
Foreclosures ­ Cleanout underway
Debt Forgiveness Tax Relief ­ No action on Bills

2. GROWING AREAS OF OPPORTUNITY
Partition actions ­ forcing the sale
Easements ­ who can use the land
Title Battles ­ who owns the property
Non­-Disclosure of Defects
Collections -­ who must pay
Trusts & Probate ­ who can sell

3. UPDATE ON BARARSANI
What this case is about
Status of this and similar cases
20 Point test vs 3 Point real estate test
Why this matters to all agents
Why this matters to brokers
Why this matters to Assns.

4. BRE LICENSE INVESTIGATIONS
What to do if an Investigator contacts you
Don’t respond without legal guidance
Understanding the Process

5. MOST FREQUENT CLAIMS AGAINST AGENTS
(1) Fraud
(2) Breach of Fiduciary Duty
(3) Breach of Contract
(4) Negligence
(5) Misrepresentation concerning Property Condition


LITIGATION IS INCREASING FOR RESIDENTIAL AND COMMERCIAL OWNERS

Since the start of the Recession, litigation had declined dramatically as property values fell taking away the equity that was worth fighting over. Other than the “stop foreclosure” attorneys (most of whom are now out of business) and the Bankruptcy mills, no­ one had the money to raise any legal fight. Those days are over. Since mid­2012, litigation has grown dramatically. For nearly 20 years, BPE Law Group has represented property owners, investors, seller-­financiers, and agents. Today, many of them are facing lawsuits from lenders and others seeking to get money from alleged claims in an improving economy. Here’s a sample of the cases we are working on today:

Non-­Disclosure of Defects – ­ Buyer is suing Seller and Agents for alleged non­-disclosed defects. Key issues: Did Seller have actual knowledge of the defects ­ if not, no liability; Did Agent do reasonably diligent inspection and disclosure of known facts ­ if not, there is liability; Did Buyer have knowledge of alleged defects before purchasing from heir own inspections, pest inspection, home inspection ­ if so, no liability.

Easement Battles ­ – Buyer seeks to get adjoining property owner to move fence to the correct property line. Key issues: How long has fence been in this location? Was there any agreement between neighbor and former owner? Has use of property created an Easement? Can Buyer use “self­help” to restore the property line?

Trust and Probate Battles ­ – With values now up, family members are taking each other to Court trying to get a piece of parents’ estate. Key issues: Was there a Will or Trust? Was real property in the Trust? Were there any Amendments to original estate plan documents? Did one family member exercise “undue influence” to change estate plans? Was parent legally competent at time any estate plan or title change was made?

Specific Performance – ­ Climbing prices mean some Sellers want to get out of the Contract and find a Buyer willing to pay more. Buyers are suing to keep Sellers in the deal. Key issues: Has the Seller actually breached the Contract? Have contingencies been waived? Has Buyer failed to perform? If so, have Notices to Perform been given? These type of lawsuits include a “Lis Pendens” tying up the Property.

If you are facing a lawsuit, be sure to contact your legal advisor immediately.


COMMERCIAL TRANSACTION ARE BACK

Until the market crashed, a substantial portion of the business we did at BPE Law was representing Buyers and Sellers in commercial transactions. With the improving economy, transaction law is roaring back and we’re involved with the purchase, sale, development, and finance of apartment complexes, hotels, commercial buildings, retail businesses, and more. Here are just a few of our commercial transactions services:

Land acquisition and subdivision Purchases and sales
Contract negotiation and management Financing, Permitting, and Entitlements


BPE LAW GROUP, P.C., is a Sacramento law firm with offices in Fair Oaks, Lincoln, and soon in Gold River providing advice, negotiation, and legal representation for clients world­wide.

Our areas of practice include:

  • Real Estate ­ including property and contract disputes, title issues, purchase and sale
  • Business ­ formation, operation including LLC’s, Corp’s, Partnerships, and litigation.
  • Estate Plans & Probate ­ including Trusts, Wills, Powers of Attorney, and
  • Health Care Directives
  • and many other areas….. ask us.

The information contained in this Outline and Seminar is general and informational in nature. It is not intended to and does not provide specific legal counseling for anyone’s specific situation. The recipient is neither instructed nor authorized to provide any legal counseling services other than referring possible clients to obtain legal counsel for their specific situation. No attorney client relationship is created or implied.