Ching & Seto, APC

10/21/2023

$220,000 unpaid rent since 2020! When it comes to late or unpaid rent call an attorney and evict early and often.

Cathay House restaurant, located at San Francisco's historic landmark, is at risk of eviction for unpaid rent, according to a new lawsuit.

10/17/2023

Something people call about a lot. If you have a second mortgage that you never paid off it’s still valid and can one day foreclose your house. Don’t ignore it!

10/05/2023

Airbnb tenant from hell. Check with a lawyer early!

Last year, an Airbnb guest at a luxury studio in Brentwood refused to check out after her scheduled stay ended. She hasn't paid rent in more than 500 days.

09/01/2023

https://www.nar.realtor/magazine/real-estate-news/law-and-ethics/avoid-legal-snafus-around-canceled-contracts

Even though signed purchase contracts are legally binding, they often include an exit plan if one party wants to back out. A home buyer, for example, may be able to cancel a contract because of a contingency or during an attorney review period. Canceling a contract can become trickier when the reason falls outside of the agreed-upon contingencies. But unfortunate circumstances, such as a job loss or change in household status, may result in the need to cancel.

In every transaction, real estate professionals can help their clients understand the acceptable “outs” to avoid the risks of losing escrow money or even facing a lawsuit, NAR staff attorney Mike Rohde says in the Window to the Law video. “Every contract has an implied duty of good faith and fair dealing, which means parties must act honestly, cooperate with the other party and not discourage or hinder the agreement’s completion,” he adds. Breaching this duty could jeopardize a buyer or seller’s legal rights and lead to litigation. “And as a fiduciary, an involved broker’s actions or inaction may be scrutinized when a contract is terminated.”

For example, if a home seller backs out, a buyer could try to pursue any number of avenues if they think there was a breach of contract. A buyer could try to receive liquidated damages specified in the contract or compensatory damages calculated by actual economic losses. The buyer also could cite specific performance by asking a court to require the parties to complete the originally agreed-upon transfer of property.

To avoid these risks, Rohde urges real estate professionals to advise their clients about the importance of contingencies and meeting deadlines as well as the risks of waiving contingencies. Also, “avoid casual communications with other parties via text or email, and assure amendments are in writing and signed by all parties to avoid doubts about enforceability,” Rohde adds.

Home buyers or sellers may back out of a home sale for any number of reasons, but lawsuits are a real risk. Know how to protect yourself.

08/04/2023

A Long Island doctor’s half-acre parcel in Fairfield has been in his family for 70...

08/04/2023

At first this looks like adverse possesion / squatting but on closer reading it was identity theft. The home was paid off and someone forged signatures and notary stamps on the deed and the realtor sold it. If only there was some sort of cryptographic credential and land registration like Tollens system that other countries use.

A Long Island doctor’s half-acre parcel in Fairfield has been in his family for 70...

04/11/2023

Nothing like having a Real Estate Attorney in office and hearing HOA complaints to bring back memories of this X-Files episode.

In 'Arcadia' the HOA conjures a Tibetan Tulpa monster to enforce their CCRs on penalty of death. Most HOAs are not quite as bad as this. Close but no.

12/26/2022

Merry Christmas and happy new year everyone! See footnotes.

08/19/2021

Thank you car accident medical records copying vendor for the healthy gift basket! We can’t help the clients without you! Red and yellow Dragon fruit, peaches, mangos, lychee, grapes, mini bananas, mung bean and red bean mooncakes.

02/27/2021

Happy to announce our law firm now accepts Bitcoin for consultations!

12/10/2020

Thank you happy client for the gift! We will use it to keep safe. Stay safe everyone and happy holidays!

11/19/2020

Happy holidays everyone! Stay safe this season. Traveling is not recommended by the governor but if you have to here are some road safety tips:
1. Plan ahead and check GPS, weather and road conditions.
2. Stay alert do not drive sleepy or drunk.
3. Watch your speed ten percent faster means twenty percent more power to stop or transferred in an impact.
4. Drive defensively do not get road rage.
5. Minimize distractions get a phone mount do not text and drive.