Entries by Michael Repka

8 Questions to Ask Your Listing Agent

The successful sale of a home requires a listing agent who employs a strong team and a comprehensive marketing approach. The seller will rely upon the listing agent for market expertise, negotiation acumen, and reliable advice regarding various procedural and legal issues associated with the transaction. Without question, listing agents must be able to assume […]

Breathing Life into an Expired Listing

Anyone who has ever walked down a café-lined street in an unfamiliar foreign city understands the draw of a crowd. Whether a packed restaurant or a bustling store, interest reflects desirability. A few years ago, my wife and I were in Tokyo looking for some good sushi. We had already enjoyed the guidebook’s suggestions and […]

Fence Disputes and Good Neighbor Fences

We have all heard the expression, “Good fences make good neighbors.” Nevertheless, there are countless bitter disputes between neighbors over the location, construction, and maintenance of fences. Fortunately, the original California Civil Code §841, which was enacted in 1872 and vaguely stated that landowners were “mutually bound to maintain” fences, has been updated and clarified […]

2015: The Year in Review

2015 was a tale of two years. The year started off tremendously well with a surge of prices and activity very early in the spring. Not surprisingly, given its recent performance, the Palo Alto market was particularly strong. From March 2014 to March 2015, the price per square foot for Palo Alto shot up by […]

Real Property Tax Breaks Under the Mills Act

Many homeowners and homebuyers are attracted to historic homes due to their charm, majesty, and/ or history. Some areas, such as Professorville in Palo Alto, are known for their high concentrations of historic homes. Although the buyers and owners of these homes generally realize that they face significant restrictions when it comes to remodeling or […]

Lawyers’ Heightened Standards of Care and Ethics in Real Estate

Risk management has always been a key responsibility of real estate managers and the attorneys who advise them. For that reason, many real estate offices have implemented policies that prohibit real estate agents with other professional accreditations from advertising their credentials. For example, some real estate brokerages say that licensed attorneys may not include “J.D.” […]

Resolving Real Estate Disputes

Most real estate transactions close without a hitch. Agents on both sides explain the rights and responsibilities to their clients, and everyone does as required and expected. By and large, agents are competent and thorough, and buyers and sellers are reasonable. But, not always. When a dispute arises, most parties fall into one of two […]

Structuring Listing Agreements

Ask any real estate attorney about disputes between sellers and listing agents and you are likely to hear a lament about the lack of specificity in residential real property listing agreements. The forms widely used in Silicon Valley are generally written in a way that provides a lot of protection to real estate agents and […]