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Please note: The material in these articles, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the posts. The articles should not be considered, nor are they intended to constitute, legal advice. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.

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Chauvel News:  Real Estate

Location. Location. Location.

Generally speaking, business owners do not have a duty to protect people who are not on the property of the business. However, recently California courts have begun to expand the liability of landowners to persons on adjacent property not owned or controlled by the landowner. You have a duty to avoid exposing people to risks of injury that occur off site if you maintain property in such a manner as to expose people to unreasonable risks of injury. 

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Keeping Your Association Up-to-Date

If you own an investment property in an association, you need to keep your own address on file or your tenants will be receiving your association dues! The California Legislature recently amended Cal. Civ. Code 4041 to require property owners within homeowner and condominium associations to update their addresses with the association annually.  If you do not, then all communications will go to the property.

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Thinking of Transferring a Real Property into a Legal Entity? Not So Fast…

The bay area is home to many savvy real property investors who will often transfer their real properties into legal entities for liability protection. However, doing so has property tax implications for you and your heirs. 

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Is Rent Control Coming to San Mateo County?

San Mateo and Burlingame have placed rent control measures on their respective ballots in the November election. 

The City of San Mateo ballot will include Measure Q.  This measure would amend the city’s charter to enact new laws regulating the rental of multi-family rental properties certified before February 1, 1995.  The measure would not apply to certain designated properties including single family homes, condominiums and owner-occupied duplexes.

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Reviewing a commercial lease is equally important for tenants and landlords.

Are you a business owner looking to rent a commercial space for your business?  Are you a landlord who wants to find a suitable tenant for your commercial property?  Whether you are a landlord or a renter, it is important to understand the details of a commercial lease before signing on the dotted line.  Otherwise, you may be forced to deal with long-term problems.

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Dual Agency in Real Estate: Buyer…or Seller, Beware!

Are you planning on buying or selling real estate? Make sure you know whose side your agent is on – the buyer’s, seller’s or both. When a real estate agent represents both a buyer and seller in a real estate transaction, this is called dual agency. While legal, to be a dual agent requires your realtor to provide specific, written disclosures to the property owner and buyer and obtain their written consent. Failure to disclose dual agency involves serious risk and liability by the agent.

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Top Mistakes to Avoid When Signing a Commercial Lease

New business owners are always looking for the perfect location for their company. But Business owners beware -- commercial leases can be more costly than you think! Here is a list of top mistakes to avoid when entering into a commercial lease.

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Renovating your home? Hire a licensed contractor and have a contract!

When deciding to hire someone to do small renovations or major construction at your home, you should always carefully select who you choose to be your contractor. The Contractors State License Board (CSLB), a part of the Department of Consumer Affairs, approves and issues contractors’ licenses. The law requires contractors to be licensed so that homeowners are protected from individuals without the requisite credentials from providing you with contracting services. Pursuant to California Business and Professions Code section 7028, it is a misdemeanor for a person to engage in the business or act in the capacity of a contractor within this state without having a license.  Any job totaling $500 or more, the individual is required to have a California contractor license.

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What Can a Hotel Do to Evict a Guest Who Isn’t Paying Rent?

Chauvel & Glatt represents commercial landlords and hotels/lodging facilities in unlawful detainer cases.
 
An unlawful detainer is a legal procedure adopted in California that allows landlords to evict a tenant who is not paying rent or is otherwise in violation of the lease agreement.
 

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Should a Homebuyer Include Furniture in a Purchase Agreement?

When a client became wary of his realtor, he turned to Chauvel & Glatt to determine his legal rights as a home-seller.

The client was closing on a home in Hillsborough. The purchase contract provided that the buyer would receive inadequately identified furnishings – and there was considerable confusion in the contract as to the rights of the parties.

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