NapaLaw.Com Broker Forms & Updates 

FORMS  
Statutory Disclosure Regarding Real Estate Agency Relationship 
UPDATES   

Article - "Burden For Substanstial Repair Costs To Commercial Property: Landlord or Tenant?"  

Alert - The DRE may automatically suspend a broker's license upon payment of a claim from the DRE's resource recovery fund and it does not violate the broker's due process rights. [Rodriguez v. Department of Real Estate]  

Alert - In the absence of an agreement, broker has implied rights to a commission: In the absence of a listing agreement or any other written obligation to pay a commission (ie: purchase-sale agreement or escrow instructions), a seller of real property cannot "cheat a broker out of his commission" by allowing a purchase agreement with commission to lapse and then make a new agreement with the buyer after the original purchase offer lapses [Torrelli v. J.P. Enterprises]  

Alert:A real estate agent has no duty to inquire regarding possible construction defects in the common areas of a planned unit development or regarding pending or proposed litigation.[Padgett v. Phariss] 
 

Return to Napalaw.Com HOME
Stephen J. Thomas  
  Attorney At Law 
1219-A Coombs St. 
Napa, California 94559 
707.254.7100  
fax:707.224.7117 
thomas@napalaw.com
©1995-1996 NapaLaw.com Forms & Updates is published by the law firm of Stephen J. Thomas. It is provided for educational and informational purposes only and is not intended as legal advice. You should consult with an attorney to determine the applicability and enforceability of any of the forms or updates provided on this Page.