Non-Refundable Purchase Deposits and Liquidated Damages – By Dale Alberstone, Esq.

Hello everybody.  My discussion this month examines the validity of a “non-refundable” deposit clause in a real estate purchase contract and related liquidated damages provisions. The California Court of Appeal case of Kuish v. Smith, 181 Cal.App.4th 1419, well illustrates current law. The Kuish Decision In Kuish, the buyer (Kuish) entered into a written contract…

Details

Legal Q & A by Dennis Block, Attorney

Question 1:  Due to the extraordinary hot weather, my tenant is demanding that I install an air conditioner. Do I have a legal obligation to do so? Answer 1: There is no obligation for a landlord to install an air conditioner under the California Civil Code. A habitable dwelling does not require air conditioning. If,…

Details

City of Highland is Sued for Attempting Warrantless Snooping on Rental Property!

The City of Highland is violating fundamental constitutional rights by trying to coerce landlords and tenants into surrendering their freedom from unjustified, warrantless government intrusion on their property. So argues a new federal lawsuit against the city. It challenges the city’s attempt to pressure a rental property owner and his tenants into allowing an open-ended…

Details

Something to Think About #47 – Uncle Sally’s Nephew, Part 10 – By Klarise Yahya, Commercial Loan Broker – BRE: 00957107 – MLO: 249261

Continued from Part 9:  Her interest did not rise to enthusiasm, but she still went to drive the area and walk the property. Her promise to the agent not to get out of her car didn’t count because her fingers were crossed. The current owners appeared to have had a longstanding “no maintenance” policy and…

Details