Rossi, Hamerslough, Reischl & Chuck

THE CANCELLATION EPIDEMIC By: David Hamerslough It’s official cancellations of residential purchase contracts by both buyers and sellers have reached epidemic proportions. In response thereto, PRDS has introduced a new form, the PRDS Cancellation of Contract Advisory (CCA). This article discusses why the CCA was developed and how it should be used. ...Continue reading

Drafting An addendum Extending The Close Of Escrow: Some Opportunities/Issues To Consider By David Hamerslough The overwhelming majority of addenda extending the close of escrow usually state Close of escrow extended to [specified date] . Short and to the point, this language addresses the most important objective of the parties establishing a new date for closing the escrow. Generally, the sole consideration for this type of addendum is each party’s willingness and p...Continue reading

The Noncontingent Blues By David Hamerslough The noncontingent blues is not a new tune, especially in our real estate market - just one that repeats itself periodically. The conditions that cause this to recur remain largely the same (e.g., low inventory, multiple offers, buyer fatigue, the belief/need to write as clean an offer as possible, a buyer belief that the market will resolve any damages caused by a breach, and a seller belief that noncontingent offers worked for m...Continue reading

When The Seller's Disclosure States "Roof Leaked - Fixed," What Does That Mean?? By David Hamerslough Sometimes, the words that sellers use in their disclosure documents may create issues they never anticipated. ...Continue reading

RHRC UPDATE ~ In compliance with the Public Health directives concerning the Coronavirus (COVID-19), our attorneys and staff are currently working remotely from home. However, we have full access to the firm’s email and telephone message systems and can continue to be reached during business hours. Although there may be some delay, we will do our best to respond as quickly as possible. We'll get through this! #covidsafe

COUNTEROFFER OR INQUIRY: THE WORDS WE USE CAN MAKE A DIFFERENCE Communication between agents after an offer or counteroffer has been made but before there is a response occurs frequently. Most of the time, these communications do not result in a disagreement over what was said or intended, and a contract is ratified. When there is a disagreement, however, the words that were used in those communications can have a significant impact. The following facts illustrate this po...Continue reading

Happy 19 years (and many more) Rossi Hamerslough Reischl & Chuck !!! #lovingthelaw #attorneysrock #birthdaycake #19yearstogether #RHRC

SUPER-NASTY LAWSUITS By Ronald R. Rossi This article piggybacks the article my partner Dave Hamerslough published on October 7, 2020, which clearly and succinctly sets forth the law of late acceptance of an offer or counteroffer. ...Continue reading

Honoring all who served.....

#LoveYourLawyerDay #nationalloveyourlawyer #lovingthelaw #RHRC

FIRES, FLOODS, EARTHQUAKES, AND OTHER CALAMITIES: WHAT HAPPENS WHEN THEY OCCUR DURING AN ESCROW? By David Hamerslough The fires burning in our area prompted a number of questions regarding the rights and duties of a buyer and seller when the real property and structures are damaged before title has been transferred. The pending transactions at issue all involved C.A.R. purchase contracts. ...Continue reading

DOES LATE ACCEPTANCE OF AN OFFER CREATE AN ENFORCEABLE CONTRACT? By David Hamerslough Most offers and counteroffers, including the PRDS and C.A.R. forms, contain language stating that any offer shall be deemed revoked unless the offeree signs and delivers the signed documents to the offeror or their agent (if designated) within a fixed period of time. This is referred to in both contract forms as Acceptance....Continue reading

Do Good Fences Make Good Neighbors During a Pandemic? By David Hamerslough Most of us have heard the phrase good fences make good neighbors. The origin of this phrase is a poem by Robert Frost, Mending Wall, in which two neighbors converse while working together to repair a stone wall separating their properties. They undertake this repair every year because the wall falls apart. One of the neighbors asks whether it would be better to just let the wall collapse; the o...Continue reading

Notice Anything Different About The TDS? By David Hamerslough The following is a test. Pull out the latest version of the Transfer Disclosure Statement (TDS) published by PRDS or C.A.R. and compare it to the prior version. The test is to identify the revision that has been made to the TDS....Continue reading

MARKETING GONE AWRY By: DAVID HAMERSLOUGH The term marketing is defined to include the following: (1) the action or business of promoting or selling services, including advertising; (2) the business process of identifying, anticipating, and satisfying customers’ needs and wants; (3) the act or process of attracting customers. ...Continue reading

In the light of recent concerns regarding the Covid-19 virus, protecting our clients and their legacies remains our most important focus. Please contact us via email during regular business hours for quickest response. Contact our Client Relations Manager, Christi Cruz, at [email protected].

IF YOU'RE THINKING OF EVICTING YOUR COMMERCIAL TENANT, THINK AGAIN. BY GABRIEL A. RODRIGUEZ Commercial landlords and tenants should take note. On March 24, 2020, in further response to COVID-19 and the resultant economic downturn, the County of Santa Clara has placed a moratorium on commercial eviction, Santa Clara County Eviction Moratorium, https://www.sccgov.org//Documents/County%20Evictions%20Ord. ...Continue reading

Santa Clara County’s April 29 Order Re-Opens Construction, Real-Estate and Outdoor Businesses By: Gabriel Rodriguez & Ronald Rossi On April 29, 2020 the Health Officer of the County of Santa Clara released a revised emergency health order in support of the County’s efforts to slow the rate of the spread of COVID-19, aka to flatten the curve. The April 29 Order, linked here, extends the existing Shelter-in-Place orders through May 31, 2020. However, in light of the progres...Continue reading

New Shelter-In-Place (SiP) Order Addresses Some Of The COVID-19 Real Estate Issues Of The Last 30 Days; What To Consider In The Next 30 Days BY DAVID HAMERSLOUGH Over the last 30 days, selling vacant property in Santa Clara County has been far easier than selling occupied property. With occupied property, the SiP prevented any in-person viewings. Agents were confronted with the issue of how to complete their inspection of the reasonably accessible areas of the property, an...Continue reading

NEW STANDARD FORMS DEALING WITH COVID-19 By Ronald R. Rossi In our last article, we discussed some of the legal issues cropping up in the wake of COVID-19. In terms of the purchase and sale of residential real estate, we’re also seeing new standard forms published by the California Association of Realtors (C.A.R.). ...Continue reading

COVID-19: Legal Theories That May - Or May Not - Support Tenants' Requests For Rent Relief. By: Ronald R. Rossi, Esq. and Gabriel Rodriguez, Esq. There is little question that the COVID-19 pandemic has had a serious, widespread, and negative impact on businesses and their employees, customers, vendors, and partners nationwide and beyond. These unfortunate circumstances, combined with various jurisdictions’ shelter-in-place orders and additional restrictions imposed by sta...Continue reading

RHRC NEWSLETTER #100 by DAVID HAMERSLOUGH Due To Unforeseen Circumstances, My Clients Are Cancelling The Contract: revisiting some of the assumptions that have been made in the real estate market in the last 30 days The last 30 days have seen a shift in the real estate market that has generated a high volume of cancellations of purchase contracts and disputes over deposits. This article revisits some of the assumptions I have come across in handling these disputes....Continue reading

We’re here for you ...RHRC is connected and available for your real estate legal issues. Send an email to Client Relations Manager, Christi Cruz, at [email protected] for assistance.

RHRC WOULD LIKE TO WISH YOU A HEALTHY & HAPPY HOLIDAY SEASON ~ WE LOOK FORWARD TO WORKING WITH YOU IN THE YEARS TO COME! (Please note, our office will be closed for the holidays starting Monday, December 23, 2019 and will reopen Thursday, January 2, 2020.)

The Market Has _________________, But The Claims Remain The Same By David Hamerslough Last month’s article addressed one type of claim that I often see when a market is in transition. This month’s article discusses the other types of claims that I have seen in a transitioning market....Continue reading

Thanksgiving Blessings to you & your family from RHRCThanksgiving Blessings to you & your family from RHRC

THE MARKET HAS.......... By David Hamerslough Ask five real estate licensees this question, and you’re likely to get five different answers. The response may be that it has flattened, transitioned, shifted, softened, or hasn’t changed at all and is still strong. Most of these answers are qualified by factors such as the condition of the property, its location and neighborhood, price point, the upcoming election, interest rates, the economy, etc. Opinions also ...Continue reading

Observations On California’s New Renter Protection Law By Dave Hamerslough A new law providing statewide renter protections (Assembly Bill 1482) is expected to be signed by the governor and will go into effect on January 1, 2020. Two of the primary new protections are that annual rent increases will be limited to 5% plus the rate of inflation through January 1, 2030, and landlords will be required to have and provide written notice regarding just cause for termination in or...Continue reading

We are excited to announce that Gabriel Rodriguez recently joined RHRC as an associate attorney in the real estate litigation department. Gabe was hired as one of 12 legal honors clerks nationwide by the U.S. Department of Housing and Urban Development (HUD) in 2013. He served as a trial attorney with HUD’s Office of General Counsel, working on a variety of real estate actions, including quiet title suits, HOA litigation, and receivership and foreclosure actions, as well as... complex third-party litigation involving project financing and performance bonds. Gabe also worked on various FHA litigation risk projects and complex refinances of FHA multi-family properties and other real estate investments involving multi-million dollar loans. Gabe is a lifelong resident of the Bay Area, growing up in Santa Clara, attending St. Francis High School in Mountain View, and graduating from the University of Santa Clara, School of Law in the top 25% of his class in 2013. Prior to entering law school Gabe earned his undergraduate degree in Political Science and a Master’s in Public Administration from San Jose State University. Welcome to the Team Gabe ! #realestatelawyer #sanjose #superiorlaw #

PARTITION: WHEN CO-OWNERS DIVORCE By Richard B. Gullen...Continue reading

Happy Boss’s Day to Team RHRC !! We love you! Yvonne Quiroz-Foley Carmen Mendez Jamie Cardoso

TLDR, IB, And Other Messages The Modern Real Estate Practitioner Must Decipher By David Hamerslough The link to the online disclosure packet has been provided to the buyer. Shortly thereafter, you receive a text from the buyer that reads TLDR. You ask yourself, What does that mean? You respond to the text, asking the buyer if they had any questions about the information in the disclosure packet. In return, you get another text: IB. Now you’re really perplexed...Continue reading

WANT TO KNOW EVERYTHING ABOUT YOUR NEW HOME? JUST ASK THE NEIGHBORS. By Ron Rossi You probably don’t think of the maxim Love your neighbor as yourself (Matthew 22:39) in the context of buying and selling property, but it’s more apropos than you might expect....Continue reading

WHAT ACTION MUST BUYERS AND SELLERS TAKE TO REACH REPAIR AGREEMENTS AND NOT SUFFER THE CONSEQUENCE BY DAVID HAMERSLOUGH There are differences between the PRDS Addendum Regarding Repairs, Corrections, Or Other Actions (RABC) and the C.A.R. Request For Repair (RR) form. This article discusses one significant distinction between the two forms and one possible consequence if the appropriate action is not taken when using the C.A.R. form. ...Continue reading

The Neighbor Said By David Hamerslough You are the sellers’ agent and are holding an open house. The next-door neighbor drops by and tells you that they are planning a remodel of their home that will result in the footprint of that home being moved to within five feet of the common boundary between the two properties, a new two-story wing with large windows overlooking the pool area of your sellers’ property will be added, the remodel will take up to two years and will r...Continue reading

CURIOUS WHAT THE CONNECTION IS BETWEEN A FOOT-MASSAGE SERVICE AND REAL ESTATE LAW??.... You might think that having practiced real estate law for 50 years now, I would have seen it all in terms of legal disputes related to property. What keeps my practice endlessly fascinating, however, is the fact that I still encounter aspects of the law that have never come up in previous cases. I think one such instance in particular is worth sharing in detail. I recently learned t...Continue reading

WHAT A HOMEOWNER SHOULD DO AND CONSIDER WHEN WATER GETS INTO THEIR CONDO By: David Hamerslough The issues that a condominium owner faces when water enters their home can be more challenging than when that same problem happens in a detached single-family home. These include the following: ...Continue reading

THE DUTY TO LEARN..... By David Hamerslough Under California law, as a fiduciary, a real estate broker/agent must, among other things, disclose to his or her client all material information that the broker/agent knows or could reasonably obtain regarding the property or relating to the transaction. The broker/agent must place himself or herself in the position of the client and consider the type of information required for the client to make a well-informed decision....Continue reading

VOLUNTARY TRANSFERS OF REAL ESTATE AND THEIR IMPACT ON YOUR STANDARD CLTA TITLE POLICY BY: David Hamerslough Most of us will never make a claim on a policy of title insurance. If we did so, we might be shocked to learn that certain terms of your standard title policy may limit who receives the benefits of that policy. It happened to a client of mine recently, who was chagrined to learn that his wife was not covered by the policy and that the title industry had made no eff...Continue reading

AND THE NOMINEES FOR MOST COMMON POST-CLOSE-OF-ESCROW NON-DISCLOSURE CLAIMS IN RESIDENTIAL REAL ESTATE FOR 2018 ARE...... BY: DAVID HAMERSLOUGH If you are a movie lover, you know who received a Golden Globe and who has been nominated for an Oscar. In the spirit of the awards season, a colleague and I recently considered the nominations for the most common post-close-of-escrow non-disclosure claims in residential real estate for 2018. Those nominations are...Continue reading

TREASURY DEPARTMENT GEOGRAPHIC TARGETING ORDER EXTENDED AND EXPANDED By: David Hamerslough In November of 2018, the Treasury Department expanded and extended the Geographic Targeting Order (GTO) that requires insurers and escrow companies handling transactions in Santa Clara, San Mateo, San Francisco, Los Angeles, and San Diego Counties to collect and report certain information on residential Covered Transactions....Continue reading

Buyer Beware- All Contracts Are Not Created Equal By David Hamerslough Buying a home that is being built and sold by a large scale home builder usually requires using a contract that was drafted by in-house attorneys for that builder. These contracts may contain one-sided terms and conditions. The last contract that I reviewed from a large scale builder contained the following terms and conditions: (a) A loan approval contingency of 15 days with a requirement that the buy...Continue reading

BUYER BEWARE - ALL CONTRACTS ARE NOT CREATED EQUAL BY: DAVID HAMERSLOUGH Buying a home that is being built and sold by a large scale home builder usually requires using a contract that was drafted by in-house attorneys for that builder. These contracts may contain one-sided terms and conditions. The last contract that I reviewed from a large scale builder contained the following terms and conditions: (a) A loan approval contingency of 15 days with a requirement that the...Continue reading

BUYER BEWARE - ALL CONTRACTS ARE NOT CREATED EQUAL By: David Hamerslough Buying a home that is being built and sold by a large scale home builder usually requires using a contract that was drafted by in-house attorneys for that builder. These contracts may contain one-sided terms and conditions. The last contract that I reviewed from a large scale builder contained the following terms and conditions: ...Continue reading

Cheers! Rossi Hamerslough Reischl & Chuck ~

NEW LAWS IMPACTING RESIDENTIAL REAL ESTATE By David Hamerslough Effective January 1, 2019, there are a number of changes to existing real estate law. CAR sponsored what they characterized as clean up legislation designed to update the real estate law to conform it to existing practice, eliminate antiquated or confusing laws, clarify existing law, and introduce plain language where appropriate. This article briefly discusses some of these changes. ...Continue reading

NEW LAW REQUIRES INSPECTION OF DECKS AND BALCONIES FOR BUILDINGS WITH THREE OR MORE MULTIFAMILY DWELLING UNITS By: David Hamerslough Starting January 1, 2019 a new law (SB 721/Health and Safety Code 17973 et seq.) will require property owners of buildings containing three or more multifamily units to conduct an inspection of the decks, balconies, and other components more than six feet above ground level. The inspection must be completed by January 1, 2025 and will requir...Continue reading

THERE IS A HIGH PROBABILITY THAT I WILL BE BRINGING IN AN OFFER TOMORROW THAT WILL MAKE EVERYONE HAPPY" By Dave Hamerslough The home you just listed received an offer, and the seller has issued a counteroffer. The counteroffer expires today. There is no confidentiality with respect to the offer or counteroffer. An agent contacts you and asks whether the property is in contract. You advise this agent that there is a counteroffer pending and you provide the agent with enough...Continue reading

TO SEND, OR NOT TO SEND THAT IS THE QUESTION By Ron Rossi February 1st, 2018 marked my 49th year of practicing law. Having now handled hundreds of jury and non-jury trials, as well as numerous binding arbitrations, I am often asked what’s changed the most? since the early ‘70s....Continue reading

Catch Rick Gullen, featured speaker, on this week's Brian Stuckey show

The Contract Has Been Cancelled: A Closer Look At One Common Real Estate Truism By David Hamerslough A truism is a self-evident statement or one based on factual evidence that is accepted as an obvious truth that does not require further evidence. ...Continue reading

TREASURY DEPARTMENT GEOGRAPHIC TARGETING ORDER EXTENDED By: David Hamerslough In July of 2016, the Treasury Department issued a Geographic Targeting Order (GTO) requiring title insurers and escrow companies handling transactions in Santa Clara, San Mateo, San Francisco, Los Angeles, and San Diego Counties to collect and report certain information on residential purchase transactions where (1) the purchaser is a corporation, limited liability company, partnership, or oth...Continue reading

BUT THE SELLER LIED..... By David Hamerslough Buyers have closed escrow and are introducing themselves to their new neighbor. The neighbor asks the buyers whether the sellers disclosed that during the listing of the property, a garden hose was run from inside the house out through the front window to discharge water from the crawlspace. ...Continue reading

ADDITIONAL THOUGHTS ON DEPOSIT DISPUTES by David Hamerslough Our current market is generating a significant number of deposit disputes, many resulting from buyers attempting to cancel noncontingent offers. My last article discussed some of the consequences when a buyer attempts to cancel a contract without making their deposit. This article discusses some additional issues I am seeing with regard to deposit disputes where the deposit has been paid. The article assumes th...Continue reading

CALIFORNIA FAMILY WINS $1.6 MILLION LAWSUIT AGAINST LANDLORD OVER BED BUG INFESTATION: JURY FINDS LANDLORD RESPONSIBLE By: RONALD ROSSI AND LAUREL CHAMPION California’s bed bug problem continues to be a force to be reckoned with. You may recall our article last year concerning the new legislative scheme codified at California Civil Code Section 1942.5, 1954.1 and 1954.600 et seq., which set forth in detail the extensive duties and procedures approved and mandated for land...lords and tenants relating to bedbugs in residential dwellings. (See Good Night, Sleep Tight Don’t Let The Bed Bugs Bite.) While the legislation makes it clear that landlords are responsible in many ways to provide notice, treatment, and eradication of bed bugs for their tenants, California juries have now chimed in on the issue and the consensus is that landlords who rent offending units deserve far more than a slap on the wrist. Late last year, a jury in Los Angeles Superior Court held an apartment complex owner responsible when it returned a $3.5 million verdict in favor of 16 former and current residents of the complex who had complained about bed bugs between 2011 and 2013. Although the medical costs to treat the bed bug bites were only a few thousand dollars, the plaintiffs alleged significant emotional distress damages for anxiety, sleeplessness, and humiliation they endured attendant to the infestation. Individual awards ranged between $44,000 and $580,000. Earlier this month, a jury in Alhambra, California, ordered the owner of an apartment complex to pay one family a total of $1,593,500 for the damage and suffering they endured due to a four-month bed bug infestation in their rental unit in 2012. The family, who had a three-year-old and an infant at the time, testified that they discovered the infestation when their three-year-old was diagnosed by a doctor as suffering from bed bug bites. The bites covered the toddler’s body, including his face, and the family’s infant was also bitten, the bugs biting her back as she slept. It took about four months of complaints, fumigation, and re-carpeting the unit to end the infestation. The family sued the owner on several theories, including breach of the warranty of habitability, emotional distress, negligence, and breach of contract. These large verdicts should put landlords on notice - take your responsibilities regarding bed bug infestations seriously or risk getting badly bitten in court.

REVISITING THE CONSEQUENCES OF BREACHING A CONTRACT By: David Hamerslough Several years ago, I wrote an article about the consequences of breaching the Purchase Contract from a seller’s perspective. In this article, I will discuss that same topic from the buyer’s perspective. I was prompted to do so by at least five cases I have recently worked on, in which buyers have cancelled their non-continent contracts with sellers shortly after ratification. In each case, the b...Continue reading

BUYER QUESTIONNAIRES, ELECTRONIC COMMUNICATIONS, AND DISCREPANCIES BETWEEN THE MLS AND PROPERTY PROFILES By: DAVID HAMERSLOUGH (In Response to his January article "Time to Reconsider Buyer Questionnaire?".). Thanks to all of you who responded to my last article on whether a buyer’s questionnaire might be used to assist real estate licensees in learning those material facts that might impact a client’s decisions. Many of you were interested in seeing a proposed questionnair...Continue reading

HAPPY NEW YEAR !! IS IT TIME TO RECONSIDER THE BUYER QUESTIONNAIRE? (Dave wants your Feedback!) By: David Hamerslough Needs and wants is a phrase often used in residential real estate transactions. Once an agent starts to work with a buyer, the agent usually makes an effort to discover that buyer’s needs and wants (e.g., price, location, square footage, condition, features and amenities, school district, etc.). Typically, this inquiry takes place in conversation be...Continue reading

Sending Thanksgiving Blessings from RHRC ~

Did someone call a Doctor? Happy Halloween from the RHRC tricksters!

Couldn't resist posting! I'm sure our agent friends can relate !

Waffle Wednesday ~ Powering up for another busy day at RHRC!

Suggestions for transmitting information and documents that may help prevent disagreements between a licensee and their client that can expose the licensee to liability.

Trespass to Timber...Tree Issues are on the Rise.

Bay Area Law Firms and Companies are Hiring! Check out featured jobs over at jobs.sfbar.org today. Cytokinetics; Kronick Moskovitz Tiedemann & Girard; Rossi, ...Hamerslough, Reischl & Chuck and Nationwide are just a few of the companies that have posted positions to our Career Center. http://jobs.sfbar.org/

Is the Demise of the Section One Clearance bugging you?

Retire!? "Not Me!" Says Ron Rossi,...(seen here at a Legal Presentation last Tuesday).

Remember, Very Little Is Standard When It Comes To Standard Forms By RONALD R. ROSSI We published an article in June 2016 discussing some of the misconceptions about using a so-called standard form in any real estate transaction. In short, if you’re ever told it’s fine to sign a contract, lease, or other important legal document because it’s just a standard form, you should stop, look, and listen. After all, who drafted that form, and who benefits from its terms ...Continue reading

DISCLOSE, DISCLOSE DISCLOSE....And Other Suggestions That A Seller Should Follow In Completing The TDS and SSC/SPQ Real estate nondisclosure cases frequently include cross-examination of the seller and listing agent with respect to the following: the discussions that occurred between those parties regarding filling out the TDS and SSC/SPQ (disclosure documents), the amount of time the seller took to complete the disclosure documents, whether the seller had and/or relied on...Continue reading

NEW CALIFORNIA LAWS AFFECTING ACCESSORY DWELLING UNITS (ADUs) By Attorney David Hamerslough The legislature recently passed several new laws designed to address California’s housing crisis. The new laws are intended to make it easier to create accessory dwelling units. While existing law provided for such units, studies showed that local ordinances, perhaps unintentionally, prevented property owners from building accessory dwelling units by imposing standards relating to ...Continue reading

TOWERS, TOILETS, AND OTHER HIGHLIGHTS FROM RECENT LEGAL UPDATES By David Hamerslough My colleague, Vickie Naidorf, and I recently gave two legal updates for SILVAR. The following are some of the highlight from those seminars. There’s been a lot of news regarding the Millennium Tower in San Francisco and the fact that it is sinking and leaning. A trip to San Francisco may now be a reasonable substitute for a trip to Italy to see the Leaning Tower of Pisa. ...Continue reading

BED BUGS, ATTORNEYS, AND ATTORNEYS' FEES By David Hamerslough For many people, the connection between bed bugs and attorneys is perhaps obvious. A bed bug is a pest that invades your life and feeds off you. Some would say attorneys do the same. Certainly, both can cause you to incur attorneys’ fees. ...Continue reading