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Requirements of Disclosure for Realtors and How to Avoid Liability
One of the largest types of lawsuits related to the sale of property for real estate agents/brokers is that of misrepresentation or failure to disclose during the transaction. There is a legal obligation under Civil Code 2079 for a real estate agent or broker to conduct a reasonably competent and diligent visual inspection of the […]
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Effective Summary Judgment Practice Series – Key to a Winning Separate Statement
Sometimes you have to lose to learn a valuable lesson. Several years ago I had what I thought was a slam dunk of a Motion for Summary Judgment. It was a case brought by a homeowner that was in default on her home loan and was suing the loan servicer and the assigned beneficiary for […]
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Effective Summary Judgment Practice Series – Early Preparation
Summary Judgment, which is permitted in California by Code of Civil Procedure 437c, is a very effective tool to dispose of a case. In my practice, I have learned that early preparation and understanding of the keys facts and elements of the causes of action at the outset of the case is key to a […]