C.A.R.'s Legal Department periodically publishes a Legal Update summarizing new laws, regulations, new form releases, and cases as well as current events impacting the real estate industry. Below is a chart summarizing the information found in these Legal Updates by category and topic.
| CATEGORY | TOPIC | LEGAL UPDATE |
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Advertising |
Do-Not-Call Rules |
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Faxes |
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Forsalebyowner.com v. DRE |
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New Cold Calling Rules |
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Affordable Housing |
Rucker v. Davis |
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Agency |
Brown v. Fred Sands |
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Buyer Broker Contracts |
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Field v. Century 21 |
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Antitrust & Unfair Competition |
Unfair Competition |
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Arbitration & Mediation |
Arbitration Clause |
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Frei v. Davey |
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Johnson v. Siegel |
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Online Mediation |
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Westra v. Marcus & Millichap |
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Associations/Boards of REALTORS® |
Reifert v. So. Central Wisconsin MLS |
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Bankruptcy |
Bankruptcy |
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Bankruptcy Law Changes |
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Broker Practice & Real Estate Office Issues |
Coldwell Banker v. Salazar |
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Common DRE Audit Violations |
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Destroying Records |
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Electronic Recordkeeping |
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Fictitious Names and Trust Funds |
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Furla v. Jon Douglas |
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Holley v. Meyer |
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Michaelius v. Benavides |
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Building/Housing Issues |
Aas v. Superior Ct. |
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Approval of 2nd Units |
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Coalition Advocating Legal Housing Options v. Santa Monica |
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ECC Construction v. Ganson |
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Handyman Bill |
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Home Builders Ass'n of No. Cal. v. City of Napa |
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Private Transfer Fees |
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Utility Lien Bill |
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| Wood Roof Coverings |
Legal
Update, 11-19-01 Legal Update, 7-18-02 |
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Commissions |
Commission Rebates to Borrowers |
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Commission Payments |
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Schaffer v. Creative Capital Leasing |
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Contracts & Forms |
Behniwal v. Superior Court |
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Cancellation of Listing (COL) |
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Copeland v. Baskin Robbins |
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Demand to Close Escrow |
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Foreign Language Forms |
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Leamon v. Krajkiewicz |
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Lease/Rental Mold and Ventilation Addendum (LRM) |
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Listing Contract |
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More RPA Changes |
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New C.A.R. Forms |
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New C.A.R. Standard Forms |
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Notice of Default Purchase Agreement (NODPA), and affiliated Forms HEAA, HENC |
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Revised Purchase Contract |
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Seller Property Questionnaire (SPQ) |
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Snukal v. Flightways Mfg. |
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Translation of Legal Documents |
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| Ulloa v. McMillin Real Estate | Legal Update, 1-16-08 | |
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Disasters |
Firebreaks |
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Disclosures |
Airport Noise |
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Assilzadeh v. California Federal Bank |
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Energy Efficiency |
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Environmental Hazards/Earthquake Guide |
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Earthquake Guide |
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HUD Transactions |
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Industrial Use Zone |
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Lead-Based Paint |
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Leko v. Cornerstone Home Inspectors
Manderville v. PCG & S Group |
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Megan's Law |
Legal
Update,6-26-98 |
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Mello-Roos & 1915 Bond Act |
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Methamphetamine Contamination |
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Mold |
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Natural Hazard Zones |
Legal
Update,6-26-98 |
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Robinson v. Grossman |
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Seismic Hazard Zones |
Legal
Update,10-30-97 |
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Stevenson v. Baum |
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Strebel v. Brenlar Investments |
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Employment Issues |
EDD Reporting |
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Sexual Harassment Training |
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Ethics |
Professional Standards |
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Escrow |
Escrow
Cancellation Fees
Transaction Coordinators |
Legal
Update,
1-16-08
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Fair Credit Reporting |
Credit Reporting |
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Fair Housing |
Age Discrimination |
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Botosan v. Paul McNally Realty |
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Fair Housing Guidelines |
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Medical Condition |
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Senior Housing |
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Thomas v. Anchorage Equal Rights Comm'n |
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Family Law |
Community Property |
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Domestic Partners |
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Fiduciary Duty |
Field v. Century 21 |
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Banks in Real Estate |
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Cadle Co. v. Harvey |
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Charging Interest Before Recordation |
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FHA Anti-Flipping Rules |
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FHA Developments |
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High Cost Mortgages |
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Kurtz v. Calvo |
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Lawler v. Jacobs |
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Loan-related Legislation |
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Mortgage Bankers |
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NAR and the Patriot Act |
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Pegorare v. Wong |
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PMI |
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Predatory Lending |
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Rent Skimming |
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Reverse Mortgage |
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Ridgely v. Topa Thrift |
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Schiavon v. Arnaudo Bros. |
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Truth-in-Lending Act |
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Waiver of Anti-Deficiency Protection |
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Yield Spread Premiums |
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Foreclosures and Short Sales |
Lo v. Jensen |
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Onofrio v. Rice Short Sale Addendum
Tax break for Mortgage Debt Forgiveness |
Legal
Update,10-30-97 Legal Update, 1-16-08 Legal Update, 1-16-08 |
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Government Action/Takings Law |
Feduniak v. California Coastal Comm'n
Kelo v. City of New London |
Legal
Update,
1-16-08
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Marine Forest Society v. CA Coastal Comm'n |
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Homeowners
Associations/
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Berryman v. Merit Property Mgmt Calhoon v. Lewis
|
Legal
Update, 10-20-00 Legal Update, 1-16-08
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Common
Interest Developments (CID) Certified CID Managers
|
Legal
Update,
6-26-98 Legal Update, 1-16-08 |
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Contractors |
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Dolan-King v. Rancho Santa Fe |
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Fernandez v. Lawson (Ct of Appeal) |
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Fernandez v. Lawson (Sup. Ct.) |
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HOA American Flag |
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HOA Assessments |
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HOA Executive Session |
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HOA Marketing Fees & Closed Shops |
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HOA
Meetings HOA Rules
|
Legal
Update,
1-16-08
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James O'Toole v. L.A. Kingsbury Court Owners Assoc. |
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New Housing Development |
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Pet Regulation |
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Subdivision Regulations |
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Ward v. Superior Ct. |
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Insurance |
American Ins. Assoc. v. Garamendi |
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Insurance Coverage for Landslides |
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Landlord-Tenant |
60 Day Notice |
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Apartment Assoc. of Los Angeles v. Los Angeles |
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Applicant Screening Fees |
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Attorneys and 3-Day Notices |
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Bonding Requirements for Unlawful Detainer Assts |
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Bullard v. San Francisco Rent Control Bd. |
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CA Atty Gen. Opinion |
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Dead Bolt Locks |
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Demolition of Rental Units |
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Evicting Drug Dealers |
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Fire Ins. Exchange v. Hammond |
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Galland v. City of Clovis |
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Golden Gateway Center v. Golden Gateway Tenants Assoc. |
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Key Money |
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Landlord Liab. for Off Premises Injuries |
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Landlord Tenant Laws |
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Landlord Right to Enter |
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Madhani v. Cooper |
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Mathews v. Gov't Emp. Ins. Co. McNairy v. C.K. Realty
|
Legal
Update, 2-22-00 Legal Update, 1-16-08
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Nicole M. v. Sears Roebuck |
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Notice of Entry |
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Notice of Rent Increase |
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Orozco v. Casimiro |
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Pineda v. Ennabe |
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Plaza Freeway v. First Mountain Bank |
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Pre Move-Out Inspection |
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Pre-Termination Inspection |
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Rent Control |
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Rental Payments in Cash |
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Residential Leases |
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Saelzler v. Advance Group 400 |
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Section 8 Termination Notice |
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Security Deposits |
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Service by Mail |
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Sharon P. v. Arman |
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Transient Occupancies |
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Undocumented Aliens Vasquez v. Residential Investment
|
Legal
Update,1-1-05 Legal Update, 1-16-08
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Licensing |
Conditional License |
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DRE |
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eLicensing |
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Legal Residency |
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Loans
by Private Individuals Mortgage Brokers & Unlicensed Employees
|
Legal
Update,
1-16-08
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Petropoulous v. DRE (licensee discipline) |
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Regulation
of RE Appraisers Risk Management Course
|
Legal
Update,
1-16-08
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Mobilehomes |
Mobilehome Parks |
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Mobilehome Residency Law |
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Mobilehomes |
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Mobilehomes & Smoke Detectors |
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Mobilehomes & TDS |
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Mobilehome Sales |
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NAR |
NAR and the Patriot Act |
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REALTOR® Trademark |
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Use of Term REALTOR® on Internet |
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Zimmerman v. NAR |
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Pest Control |
Pest Control |
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Privacy |
FTC Privacy Safeguards Rule |
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New Federal Privacy Regs |
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Privacy |
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Privacy Notices |
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Tom v. San Francisco |
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Probate |
Transfers Upon Death |
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Property Tax |
Notice of Supplementary Tax |
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Property Taxes |
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Registered Domestic Partners |
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Remedies |
Aas v. Williams Lyon Co. |
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ECC Construction v. Ganson |
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Feigenhauer v. Soni |
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Harrison v. Welch |
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Konig v. FEHC |
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Lombard
Acceptance v.
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Moreno v. Sanchez |
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Siegel v. Anderson Homes |
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Soldiers and Sailors Relief Act of 1940 |
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Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency |
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RESPA & Referral Fees |
DRE Enforcements |
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Huag v. Bank of America |
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HUD and Branch Office Arrangements |
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Reconveyances |
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Referral Fees |
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Washington Mutual Bank v. Brown |
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Yield Spread Premiums |
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Small Claims Court |
Small Claims Court |
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Tax Issues (Income) |
1031 Exchanges |
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Amortization of Points |
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Cal Withholding |
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Capital Gains |
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Gain on Sale of Residence |
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Mortgage
Debt Forgivness Mortgage Interest Deduction
|
Legal
Update,
1-16-08
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Sheehy v. California |
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Tax Deductions for Leasehold Improvements |
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Tax Reporting |
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Tax Withholding |
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Taxpayer Relief Act of 1997 |
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Title |
Aaron v. Dunham |
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CA Registered Domestic Partners |
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Community Prop. w/ Right of Survivorship |
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Electronic Recording of Documents |
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Harrison
v. Welch Homestead Exemption
|
Legal
Update,1-1-05 Legal Update, 1-16-08
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Preciado v. Wilde |
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Transfers Upon Death |
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Usury |
Gibbo v. Burger |
