Entries by Michael Repka

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 […]

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 […]

The Dangers of Off-Market Sales

Some real estate agents love to sell homes without putting them on the market. This makes a lot of sense from the agents’ point of view for at least two reasons. First, they avoid the time and expense of marketing the house. Second, selling homes off-market dramatically increases the chances that the agents will get […]

Tree Disputes with Neighbors

The care of trees creates a lot of work for arborists, which is not surprising. However, many attorneys have also put food on their tables thanks to trees and their various related issues. Few things spark tensions between neighbors as quickly as a dispute related to a beloved tree. Unfortunately, there is a good bit […]

Putting Sellers’ Interests First

There are a number of very good and ethical real estate agents in Silicon Valley. Unfortunately, as someone well-versed in the field of real estate law, I am all too aware of the games that some other agents and brokerages play for self-serving reasons. What is surprising to me is the seemingly illogical arguments put […]

The Trap of Long-Term Listing Agreements

Long-term listing agreements are great for Realtors® and bad for Sellers. Period. As a real estate attorney and real estate broker, I have encountered countless clients who felt their agent wasn’t living up to their expectations, yet the agent would not let the Sellers out of their listing agreement. Over the years, I have come […]