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Real Property Tax Breaks under the Williamson Act
DeLeon Insight - January 1, 2016 Michael Repka Esq., DeLeon Realty CEO, LLM (Taxation) For most California homeowners, their annual property tax is based on one percent of the amount they paid for the property, and increased by up to two percent…

Why People Set Up Revocable or “Family” Trusts
A quick perusal of county records reveals a large number of homes are owned in trusts. Typically these trusts are creatively named something like the “John and Jane Doe Family Trust.” Almost everyone who is even the slightest bit affluent, including…

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,…

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…

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…

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…

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…

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…

Agents’ Heightened Duties to Clients under Saffie v. Schmeling
Last year, the California Court of Appeals handed down a decision that may have serious repercussions for the real estate broker community (Saffie v. Schmeling, Fourth Appellate District, Case No. E055716, dated March 7, 2014). In Saffie, a Buyer’s…

Real Estate Matters—Conflicts of Interest
Although the practice is completely legal and widely accepted in California, it seems impossible for one real estate agent to zealously represent both the buyer and the seller in the same transaction, even when the situation is properly disclosed. Simply…
