What is an “interpleader action” after a failed real estate purchase?
When two parties enter into a contract for the purchase and sale of real property, the buyer typically provides an initial deposit, commonly referred to as an Earnest Money Deposit (“Deposit). Unfortunately, when the real estate transaction fails to close (for various reasons), there is oftentimes a dispute over who is entitled to the Deposit. If […]
Why You Should Obtain Title Insurance
As a real estate attorney with over 25 years of experience in the real estate industry, I am often asked the question: “Do I Really Need Title Insurance?” Recently, with all of the Dodd Frank changes in the real estate industry and the requirement that settlement agents ask the buyer specifically if they want to […]
Requirements For a Valid Lis Pendens
California law requires those who engage in litigation involving real estate to record and file a lis pendens, which is a notice of pending litigation. In a January court case, the Court of Appeal for the Fourth District issued a ruling dealing with the proper procedure for recording a lis pendens, and requiring statutory compliance in order […]
Chinese Investors and the California Real-Estate Market
Over the past several months, the Chinese stock market and economy have been in a downward spiral. This has led many Chinese investors to seek other investment options outside the country. Over the past several years, one area that has been particularly popular with many investors is California real estate. With the recent economic instability […]
Is the Economy Improving? CoreLogic Report Foreclosures down 23% From Year Ago
CoreLogic, Irvine, Calif., reported completed foreclosures fell by nearly 23 percent in 2015 and by nearly 73 percent from its September 2010 peak. As a basis of comparison, before the decline in the housing market in 2007, completed foreclosures averaged 21,000 per month nationwide between 2000 and 2006. The report also states foreclosure inventory declined […]
The NLRB adopts a Broader Standard For Joint Employment
By: Claudia Mourad, Esq. In its August 27, 2015 decision involving Browning-Ferris Industries of California, the National Labor Relations Board refined its standard for determining joint-employer status. In the 3-2 decision, two or more entities are joint employers of a single workforce if: (1) they are both employers within the meaning of the common law; […]
Misclassification of Employees as an Independent Contractors
High profile misclassification class action cases include a California lawsuit against AT&T. Misclassification can lead to costly and time-consuming class action lawsuits when a company improperly classifies an entire category of workers.