Get the dirt on California's Grittiest Real Estate Lending and Foreclosure law blog!

Palo Alto real estate attorney Julia Wei providing commentary & insight into trends in California real estate law & lending law, mortgages & foreclosures.

Entries Tagged as 'Construction Defect'

Homeowner’s Contract with General Contractor Must Be in Writing—But Not Always

November 9th, 2010 · No Comments · Construction Defect, Construction Law - Remodels, Cost overruns, General Contractors & Mechanics' Liens

There are some laws that seem to be well defined, or “black letter” law. For example, California Business and Professions Code Section 7159 requires that residential home improvement contracts must be in writing. This applies to any proposed repair or remodel contract where the work will exceed $500. However, in some cases, the California courts [...]

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The Residential Remodel – Working with general contractors who are unlicensed

June 11th, 2010 · 1 Comment · Construction Defect, Construction Law - Remodels, Cost overruns, Construction Loans

There has a been a recent flurry of cases in California courts awarding homeowners disgorgement of all fees paid to general contractors (under B&P Section 7031).  In cases like White v. Cridlebaugh, 175 Cal. App. 4th 1535 – 2009 and Oceguera v. Cohen, there were technical defects with the general contractor's license–ie, the general contractor had been licensed at [...]

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Past Litigation is a Material Fact that Sellers are Obligated to Disclose By Julia M. Wei, Esq., Law Offices of Peter N. Brewer

May 25th, 2009 · 4 Comments · Construction Defect, Real Estate Brokers

In California, sellers have a legal obligation to disclose any material facts affecting the desirability of the property.  This duty is not only rooted in the common law, but statute as well, codified by California Civil Code Section 1102 et seq.  The sellers must complete the Transfer Disclosure Statement (“TDS”) and certify the information in [...]

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California Real Estate Litigation – The "Bad House" Case

April 3rd, 2007 · 1 Comment · Construction Defect, Real Estate Brokers

Sometimes when lawyers talk amongst themselves, they will refer to certain real estate cases as "bad house" cases.  What they are talking about is a dispute between buyer and seller over the FAILURE TO DISCLOSE material defects in the home. These are perhaps the most common disputes in residential real estate.  The Transfer Disclosure Statement [...]

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New House – New Headaches

February 1st, 2007 · 1 Comment · Construction Defect

Today, guest blogger Eric discusses the ramifications of new construction warranties in California, under California Civil Code §§ 895 through 945.5 – specifically, remediating construction problems in newly constructed homes. The Code actually gives a complete, verbatim list of actionable construction defects is located in Section 896. The list includes water intrusion, structural (cracks in [...]

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