BPE Newsletter

LEGAL ISSUES AFFECTING FAIR HOUSING

Fair Housing encompasses all issues of real estate that impact the availability of housing for Tenants as well as Buyers. Today, I’ll focus on several key issues that should guide any housing provider in the services and representations that they make to others. 1. Don’t Forget that Tenants are people too. In law school they […]

SUCCESSION IS COMING TO BPE LAW GROUP, P.C

Today’s Article brings news of an important and valuable change coming to BPE Law as I begin the process of moving into retirement and Keith Dunnagan takes full control of the Company.  As I firmly believe, this change will bring significant improvements and expansions on the legal services we bring to you and will continue […]

Easements – Part 6: Termination and Abandonment

Today we complete our series of Articles on the creation, use, protection, and now termination of Easements. You can view all of the prior Easement Articles (as well as all other Articles) in the News/Blog section of our website at www.bpelaw.com. As always, if you have any questions about your real estate, business, estate planning, […]

SEARCHING FOR A PROPERTY MANAGER

A great many of our clients at BPE Law Group are real estate investors who have long handled all of the tasks involved with owning and managing rental property. For those who are members of the Baby Boom generation and approaching retirement, the demands of management are in conflict with their desires to travel and […]

Documents Retention – How Long Must We Keep All That Paper

Whenever a dispute arises concerning a real estate transaction, the first thing the attorneys do is request a copy of your file. Why? Quite simply because all real estate contracts are required to be in writing including any information on which the contract is based. It is not uncommon for buyers, sellers, and agents to […]

UPDATE ON NEW REAL ESTATE LAWS FOR 2017

A great many new laws took effect on January 1, 2017 some of which have a direct impact on Buyers and Sellers of real estate as well as their brokers and agents. Here are the major issues that we see impacting property owners. 1. Water Conservation Disclosure: Effective January 1st, all single family homes are […]

COMMERCIAL FINANCING – Part 4: Security Instruments

by BPE Law Senior Attorney and Co-Manager, Keith Dunnagan In the previous posts we have reviewed promissory notes and business loan agreements. The next step is securitization. Very few commercial lenders want unsecured loans. Nearly all commercial loans require some form of security if not multiple forms of security. It is important to understand what […]

UNDERSTANDING FIDUCIARY DUTY – Real Estate Agents

A real estate agent has numerous duties in representing the interests of their clients: duties to perform their contract obligations, and duties to act competently in what they do, and duties to act in the best interests of their clients. This last duty is what is called a “fiduciary duty” and it is imposed by […]

TO DISCLOSE OR NOT – IT GOES BEYOND DEFECTS

This Winter’s storms have brought substantial rains and have gone a long way towards potentially eliminating our lingering drought. However, those rains have caused more immediate problems for the large number of homeowners who find their homes impacted with problems that were not disclosed to them by the Seller or Agents when they bought. We […]

WHO IS RESPONSIBLE FOR TREE DAMAGE?

High winds and heavy rains have caused numerous trees and branches to fall, often onto adjacent properties. The question arises: Who is responsible to clean up the damage? The answer is complicated and varied dependent upon a number of facts. 1. Who Owns the Tree? Tree ownership is based upon where the trunk is situated. […]
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