85 Annual Meeting th

Document technical information

Format pdf
Size 1.4 MB
First found Jun 9, 2017

Document content analysis

Category Also themed
Language
English
Type
not defined
Concepts
no text concepts found

Persons

Jose C. Mendoza
Jose C. Mendoza

wikipedia, lookup

Organizations

Places

Transcript

THE STATE BAR OF CALIFORNIA
85th Annual Meeting
Program 101
California Association of Realtors (CAR) Residential
Purchase Agreements – Traps for the Unwary
Saturday, October 13, 2012
10:30 a.m.-12:00 noon
Sponsored by the Real Property Law Section
The State Bar of California and the Sections of the State Bar of California are approved State Bar
of California MCLE providers.
Points of view or opinions expressed in these pages are those of the speaker(s) and/or author(s). They have not been adopted or
endorsed by the State Bar of California’s Board of Trustees and do not constitute the official position or policy of the State Bar of
California. Nothing contained herein is intended to address any specific legal inquiry, nor is it a substitute for independent legal
research to original sources or obtaining separate legal advice regarding specific legal situations.
©2012 State Bar of California
All Rights Reserved
#101
C.A.R. Residential Purchase AgreementTraps for the Unwary
Moderator: David Fu
Presenters: Mary Work, Jose Mendoza, Neil Kalin
Paragraph 1
Named Buyers
Property Description
}
Assignees and Nominees
}
Property Address
}
Matching names on
paragraph 1 with signature
page
}
Assessor Parcel Number
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 2
Agency Disclosure
Agency Confirmation
}
Listing Broker to Seller
}
Single agency v dual
agency
}
Selling (Cooperating)
Broker to Buyer
}
Broker acknowledgment
(see also, paragraphs 24C
and 26C)
}
}
Selling (Cooperating)
Broker to Seller
Remedy for Failure to Comply
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 24 C
Paragraph 26 C
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraphs 3 A and B
Initial Deposit
}
}
}
Buyer Direct to Escrow
Buyer to Broker to
Escrow
Timing
Increased Deposit
}
Effect on liquidated
damages
Return of Deposit
} Cancellation of Contract may be unilateral
} Cancellation of Escrow must be mutual
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 3A and B
Paragraph 14F
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraphs 3 C and H
Loan Type
}
}
}
Conventional, fixed
Rate to be completed
Effect of leaving blank
Loan Contingency
}
}
Deposit, down payment
and closing costs
17 days (default) to
remove contingency
Failure to Remove Contingency
} Not automatically a breach
} Allows seller a chance to cancel
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 3C(1) and 3C(2)
Paragraph 3H(2) and 3H(3)
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraphs 3 J and K
Cash Offers
}
}
Box must be checked
Seller right to verify
Stated v Actual Financing
}
}
}
}
Seller reliance
Seller may not cooperate
Buyer to pursue stated
Buyer breach if alternative
not available
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 3 J and K
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraphs 5 A, B and C
Buyer Occupancy
}
}
Effect on loan
Effect on liquidated damage
Date of Occupancy
}
}
}
}
Seller to vacate on close of
escrow date
Seller remains – separate
agreement
Tenant to vacate – 5 days
before
Tenant to remain – review
rental documentation, maybe
use income property
agreement (RIPA) instead
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 5 A, B and C
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 6
Statutory Disclosures
}
}
}
}
}
Real Estate Transfer
Disclosure Statement
Natural Hazard Disclosure
Statement
Federal Lead Based Paint
Disclosure
Mello-Roos and other tax
Industrial use and military
ordnance
}
}
}
}
Return of disclosures by
Buyer
Subsequent disclosures by
seller
Cancellation rights
No waiver of statutory
disclosures
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 6A
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 7
Condominium / Planned
Developments
}
}
}
}
}
Seller Duty to Disclose
Seller Duty to Order from
HOA
HOA Duty to Provide to
Seller
HOA may charge fee
Seller Duty to make
available to buyer
Condominium / Planned
Developments
}
}
Buyer obligation to review
Cancellation rights
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 7
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraphs 8 and 9
Items Included and Excluded
}
}
}
}
Contract prevails
Certain personal property
Check box for stoves and
refrigerators
Flat screen TVs
Condition of Property
}
}
}
}
}
}
Present physical condition
Date of Acceptance, not
date of close of escrow
“As-was” v. “As-is”
Seller obligation to disclose
known existing defects
Seller no obligation to repair
existing defects
Buyer right to inspect and
cancel
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 8 and 9
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 12
Title and Vesting
}
}
}
}
}
Preliminary report not a
title insurance policy
(Insert case )
Buyer to review and may
cancel
Title taken in as-is
condition
}
Seller to provide
Statement of Information
(Identity)
Buyer does not choose
vesting at time of contract
but before close of
escrow
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 12A
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 14
Failure to Act
Timing
}
}
}
7 days – Seller reports, buyer
proof
17 days – review reports, get
inspections, negotiate repairs, and
remove contingencies or cancel
Request for repairs has built in
contingency removal
}
}
}
Seller failure, buyer can cancel
Buyer failure, seller must issue
notice to perform before seller
can cancel
Return of deposit (avoids common
law material v immaterial breach)
Close of Escrow
} Demand to close not same as Notice to Perform
} 3 days v 2 days. No automatic return of deposit
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 14 (B, C, and E)
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 26
Arbitration
Mediation
}
}
}
}
}
Prerequisite to prevailing party
attorney fees
Most cited paragraph in RPA
Broker opt-in
No initials required
Exclusions
}
}
}
}
}
Separate initials or counter offer
reference
Discovery allowed
Judge or attorney with experience
Broker opt-in
Exclusions
Exclusions
} Foreclosures, evictions, mechanics liens
} Small claims, probate or bankruptcy
} Lis pendens and provisional remedies not violation or waiver
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 26A
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 26B
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Paragraph 26C
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Licensee Disputes
}
}
Broker to Broker:
Arbitration through local
or State Association
Broker to Salesperson:
Look at contract. May not
be able to demand
arbitration
DRE Complaints
} Buyer or seller against
broker
} DRE independent
investigation
} Most common violations
related to purchase
agreement
DRE Recovery Fund
Non-recoverable judgments for fraud
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Questions
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
C.A.R. Forms Referenced
}
}
}
}
}
}
}
California Residential Purchase
Agreement (C.A.R. form RPA)
Disclosure Regarding Real Estate
Agency Relationships (C.A.R. form
AD)
Agency Confirmation (C.A.R. form
AC)
Disclosure and Consent for
Representation of More than One
Buyer or Seller (C.A.R. form DA)
Cancellation of Contract (C.A.R.
form CC)
Transfer Disclosure Statement
(C.A.R. form TDS)
Natural Hazard Disclosure
Statement (C.A.R. form NHD)
}
}
}
}
}
}
}
Seller Statutory and Contractual
Disclosure (C.A.R. form SSD)
Agent Visual Inspection Disclosure
(C.A.R. form AVID)
Home Owner Association
Information Request (C.A.R. form
HOA)
Request for Repairs (C.A.R. form
RR)
Notice to Buyer to Perform
(C.A.R. form NBP)
Contingency Removal (C.A.R.
form CR)
Demand to Close Escrow (C.A.R.
form DCE)
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Cases Referenced
}
}
}
}
}
}
}
}
Allen v. Smith, 94 Cal.App.4th 1270, (4 Dist., 2002)
(Is deposit a part of a purchase contract or option consideration)
Brown v. FSR Brokerage, Inc., 62 Cal.App.4th 766 (2 Dist. 1998)
(Failure to comply with agency disclosure statute)
Cullen v. Corwin,206 Cal.App.4th 1074, (3 Dist., 2012)
(Failure to mediate after commencement of litigation)
Frei v. Davey,124 Cal.App.4th 1506, (4 Dist., 2004)
(Availability of attorney fees if failure to mediate)
Lange v. Schilling,163 Cal.App.4th 1412, (3 Dist., 2008)
(Availability of attorney fees if failure to mediate)
Leamon v. Krajkiewcz,107 Cal.App.4th 424, (5 Dist., 2003)
(Availability of attorney fees if failure to mediate)
Manderville v. PCG & S Group, Inc., 146 Cal.App.4th 1486, (4 Dist., 2007)
(Buyer ability to sue broker if buyer fails to investigate)
Manhattan Loft, LLC v. Mercury Liquors, Inc., 173 Cal.App.4th 1040, (2 Dist., 2009)
(Lis pendens requires pending lawsuit, not just pending arbitration)
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Cases Referenced
}
}
}
}
Nguyen v. Tran,157 Cal.App.4th 1032, (4 Dist., 2007)
(Non-signatory broker cannot be compelled to arbitrate)
Realmuto v. Gagnard, 110 Cal.App.4th 193, (4 Dist., 2003)
(TDS not waivable)
Southland Title Corp. v. Superior Court, 231 Cal.App.3d 530, (2 Dist., 1991)
(No claim for negligent preparation of preliminary title report)
Steiner v. Thexton, 48 Cal.4th 411, (2010)
(Absolute and sole discretion to cancel is option, not contract)
}
}
}
}
Westra v. Marcus & Millichap R. E. Inv. Bkerage Co., Inc.,129 Cal.App.4th 759, (1 Dist., 2005)
(Non-signatory bkr may enforce arbitration against signatory principal if broker
mentioned in clause)
Wherry v. Award, Inc., 192 Cal.App.4th 1242 (4 Dist., 2011)
(Arbitration agreement between bkr and agent unenforceable absent certain
conditions)
William L. Lyon & Associates, Inc. v. Superior Court, 204 Cal.App.4th 1294, (3 Dist., 2012)
(Buyer claim against own bkr not subject to Civil Code 2079 limitations period)
Worthington v. Davi,--- Cal.Rptr.3d ----, 2012 WL 3193567, 12 Cal. Daily Op. Serv. 9027,.( 4
Dist., 2012)
(Recovery fund available even if jmt not for fraud but based upon fraudulent conduct)
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Moderator Bio – David Fu
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Presenter Bio – Mary Work
Mary E. Work is formerly legal counsel with the California Department of Real Estate. In 2004,
Ms. Work opened her own private practice with an emphasis in the area of administrative law.
She has extensive experience defending licensees before the various Boards and Agencies that
regulate licensing matters within the State of California. Ms. Work represents clients before the
California Department of Real Estate as well as other regulatory agencies with jurisdiction over
matters pertaining to real estate brokerage practice. Ms. Work is a member of State Bar of
California, Real Property Section Executive Committee and the California Association of
Realtors, Legal Affairs Forum. Ms. Work has written and consulted on matters of
professional licensing and regulation including: CEB CA Real Estate Broker - Law and
Litigation, Ch 8 & 9, author; CEB CA Professional Licensing – Disciplinary Practice in CA,
consultant; CEB CA Real Property Sales - Ch 2, author of 2011 and 2012 updates.
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Presenter Bio – Jose Mendoza
Jose A. Mendoza is Counsel in the Los Angeles law firm of Klinedinst PC. Jose has
over 16 years of experience in residential and commercial real estate transactions and
litigation. For much of his career, he worked in-house for Coldwell Banker Residential
Brokerage Company, managing and defending lawsuits against real estate agents and
brokers throughout Southern California. Jose is an experienced trainer, and frequently
counsels clients on risk management and litigation avoidance. Jose's practice
also includes representing clients in construction defects, professional liability
defense, wrongful foreclosure defense, commission disputes and business litigation.
He graduated from UCLA and attended Loyola Law School. Jose volunteers his time as
a Judge Pro Tem at the Los Angeles Superior Court, plays in two basketball leagues
and is on the California State Bar’s Executive Committee for the Real Property Law
Section. Earlier this year, he recently moderated a panel on short sales, foreclosures
and loan modifications with The Rutter Group. Jose is also an AV-rated attorney with
Martindale-Hubbell.
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
Presenter Bio – Neil Kalin
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Assistant General Counsel for California Association of REALTORS®
Started working for C.A.R. in 1987
Senior legal advisor to C.A.R.’s Standard Forms Committee
Author of amicus briefs for C.A.R. for the State and Federal courts
Teacher of DRE-approved continuing education courses on RPA
Makes public presentations on real estate legal developments for
REALTORS® and attorneys throughout California
Answers the C.A.R. Legal Hotline
Editor of legal section of car.org
Instructor for mediator panelists for C.A.R. Mediation Center for
Consumers
Arbitrator for the American Arbitration Association (commercial panel)
Graduate (1982) of the University of Illinois (BS, Advertising)
Recipient (1982) of Certificate of Public Accountancy
Graduate (1985) of UCLA School of Law
Certified International Property Specialists (NAR, 2001)
The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey
C.A.R. Residential Purchase Agreement-Traps for the Unwary
The State Bar of California, 85th Annual Meeting, Monterey,
Saturday October 13, 2012
Moderator: David Fu; Presenters: Mary Work, Jose Mendoza, Neil Kalin
Presentation Outline (condensed)
Paragraph 1:
Named Buyers; Property Description
Paragraph 2:
Agency Disclosure; Agency Confirmation; Remedy for Failure to Comply
Paragraphs 3 A and B:
Initial Deposit; Increased Deposit; Return of Deposit
Paragraphs 3 C and H:
Loan Type; Loan Contingency; Failure to Remove Contingency
Paragraphs 3 J and K:
Cash Offer; Stated v Actual Financing
Paragraphs 5 A, B and C:
Buyer Occupancy; Date of Occupancy
Paragraph 6:
Statutory Disclosures
Paragraph 7:
Condominium / Planned Developments
Paragraphs 8 and 9:
Items Included and Excluded; Condition of Property
Paragraph 12:
Title and Vesting
Paragraph 14:
Timing; Failure to Act; Close of Escrow
Paragraph 26:
Mediation; Arbitration; Exclusions
Miscellaneous:
Licensee Disputes; DRE Complaints; DRE Recovery Fund
Question and Answer
C.A.R. Forms Referenced
Cases Referenced
Presentation Outline (complete)
Paragraph 1:
Named Buyers
}
Assignees and Nominees
}
Matching names on paragraph 1 with signature page
Property Description
}
Property Address
}
Assessor Parcel Number
Paragraph 2:
Agency Disclosure
}
Listing Broker to Seller
}
Selling (Cooperating) Broker to Buyer
}
Selling (Cooperating) Broker to Seller
Agency Confirmation
}
Single agency v dual agency
}
Broker acknowledgment
}
(see also, paragraphs 24C and 26C)
Remedy for Failure to Comply
Paragraphs 3 A and B
Initial Deposit
}
Buyer Direct to Escrow
}
Buyer to Broker to Escrow
}
Timing
Increased Deposit
}
Effect on liquidated damages
Return of Deposit
}
Cancellation of Contract may be unilateral
}
Cancellation of Escrow must be mutual
Paragraphs 3 C and H
Loan Type
}
Conventional, fixed
}
Rate to be completed
}
Effect of leaving blank
Loan Contingency
}
Deposit, down payment and closing costs
}
17 days (default) to remove contingency
Failure to Remove Contingency
}
Not automatically a breach
}
Allows seller a chance to cancel
Paragraphs 3 J and K
Cash Offers
}
Box must be checked
}
Seller right to verify
Stated v Actual Financing
}
Seller reliance
}
Seller may not cooperate
}
Buyer to pursue stated
}
Buyer breach if alternative not available
Paragraphs 5 A, B and C
Buyer Occupancy
}
Effect on loan
}
Effect on liquidated damage
Date of Occupancy
}
Seller to vacate on close of escrow date
}
Seller remains – separate agreement
}
Tenant to vacate – 5 days before
}
Tenant to remain – review rental documentation, maybe use income property agreement (RIPA) instead
Paragraph 6
Statutory Disclosures
}
Real Estate Transfer Disclosure Statement; Natural Hazard Disclosure Statement; Federal Lead Based
Paint Disclosure; Mello-Roos and other tax; Industrial use and military ordnance
}
Return of disclosures by Buyer
}
Subsequent disclosures by seller
}
Cancellation rights
}
No waiver of statutory disclosures
Paragraph 7
Condominium / Planned Developments
}
Seller Duty to Disclose
}
Seller Duty to Order from HOA
}
HOA Duty to Provide to Seller
}
HOA may charge fee
}
Seller Duty to make available to buyer
}
Buyer obligation to review
}
Cancellation rights
Paragraphs 8 and 9
Items Included and Excluded
}
Contract prevails
}
Certain personal property
}
Check box for stoves and refrigerators
}
Flat screen TVs
Condition of Property
}
Present physical condition
}
Date of Acceptance, not date of close of escrow
}
“As-was” v. “As-is”
}
Seller obligation to disclose known existing defects
}
Seller no obligation to repair existing defects
}
Buyer right to inspect and cancel
Paragraph 12
Title and Vesting
}
Preliminary report not a title insurance policy
}
Buyer to review and may cancel
}
Title taken in as-is condition
}
Seller to provide Statement of Information (Identity)
}
Buyer does not choose vesting at time of contract but before close of escrow
Paragraph 14
Timing
}
7 days – Seller reports, buyer proof
}
17 days – review reports, get inspections, negotiate repairs, and remove contingencies or cancel
}
Request for repairs has built in contingency removal
Failure to Act
}
Seller failure, buyer can cancel
}
Buyer failure, seller must issue notice to perform before seller can cancel
}
Return of deposit (avoids common law material v immaterial breach)
Close of Escrow
}
Demand to close not same as Notice to Perform
}
3 days v 2 days. No automatic return of deposit
Paragraph 26
Mediation
}
Prerequisite to prevailing party attorney fees
}
Most cited paragraph in RPA
}
Broker opt-in
}
No initials required
}
Exclusions
Arbitration
}
Separate initials or counter offer reference
}
Discovery allowed
}
Judge or attorney with experience
}
Broker opt-in
}
Exclusions
Exclusions
}
Foreclosures, evictions, mechanics liens
}
Small claims, probate or bankruptcy
}
Lis pendens and provisional remedies not violation or waiver
Miscellaneous
Licensee Disputes
}
Broker to Broker: Arbitration through local or State Association
}
Broker to Salesperson: Look at contract. May not be able to demand arbitration
DRE Complaints
}
Buyer or seller against broker
}
DRE independent investigation
}
Most common violations related to purchase agreement
DRE Recovery Fund
}
Non-recoverable judgments for fraud
Question and Answer
C.A.R. Forms Referenced
}
California Residential Purchase Agreement (C.A.R. form RPA)
}
Disclosure Regarding Real Estate Agency Relationships (C.A.R. form AD)
}
Agency Confirmation (C.A.R. form AC)
}
Disclosure and Consent for Representation of More than One Buyer or Seller (C.A.R. form DA)
}
Cancellation of Contract (C.A.R. form CC)
}
Transfer Disclosure Statement (C.A.R. form TDS)
}
Natural Hazard Disclosure Statement (C.A.R. form NHD)
}
Seller Statutory and Contractual Disclosure (C.A.R. form SSD)
}
Agent Visual Inspection Disclosure (C.A.R. form AVID)
}
Home Owner Association Information Request (C.A.R. form HOA)
}
Request for Repairs (C.A.R. form RR)
}
Notice to Buyer to Perform (C.A.R. form NBP)
}
Contingency Removal (C.A.R. form CR)
}
Demand to Close Escrow (C.A.R. form DCE)
Cases Referenced
}
Allen v. Smith, 94 Cal.App.4th 1270, (4 Dist., 2002)
(Is good faith money a deposit as part of a purchase or option consideration)
}
Brown v. FSR Brokerage, Inc., 62 Cal.App.4th 766 (2 Dist. 1998)
(Failure to comply with agency disclosure statute)
}
Cullen v. Corwin,206 Cal.App.4th 1074, (3 Dist., 2012)
(Availability of attorney fees if failure to mediate after commencement of litigation)
}
Frei v. Davey,124 Cal.App.4th 1506, (4 Dist., 2004)
(Availability of attorney fees if failure to mediate)
}
Lange v. Schilling,163 Cal.App.4th 1412, (3 Dist., 2008)
(Availability of attorney fees if failure to mediate)
}
Leamon v. Krajkiewcz,107 Cal.App.4th 424, (5 Dist., 2003)
(Availability of attorney fees if failure to mediate)
}
Manderville v. PCG & S Group, Inc., 146 Cal.App.4th 1486, (4 Dist., 2007)
(Buyer ability to sue broker if buyer fails to investigate)
}
Manhattan Loft, LLC v. Mercury Liquors, Inc., 173 Cal.App.4th 1040, (2 Dist., 2009)
(Lis pendens requires pending lawsuit, not just pending arbitration)
}
Nguyen v. Tran,157 Cal.App.4th 1032, (4 Dist., 2007)
(Non-signatory broker cannot be compelled to arbitrate)
}
Realmuto v. Gagnard, 110 Cal.App.4th 193, (4 Dist., 2003)
(TDS not waivable)
}
Southland Title Corp. v. Superior Court, 231 Cal.App.3d 530, (2 Dist., 1991)
(No claim for negligent preparation of preliminary title report)
}
Steiner v. Thexton, 48 Cal.4th 411, (2010)
(Absolute and sole discretion to cancel is option, not contract)
}
Westra v. Marcus & Millichap Real Estate Inv. Brokerage Co., Inc.,129 Cal.App.4th 759, (1 Dist., 2005)
(Non-signatory broker may enforce arbitration against signatory principal if broker mentioned in clause)
}
Wherry v. Award, Inc., 192 Cal.App.4th 1242 (4 Dist., 2011)
(Arbitration agreement between broker and salesperson unenforceable absent certain conditions)
}
William L. Lyon & Associates, Inc. v. Superior Court, 204 Cal.App.4th 1294, (3 Dist., 2012)
(Buyer claim against own broker not subject to contractual limitations in Civil Code 2079)
}
Worthington v. Davi,--- Cal.Rptr.3d ----, 2012 WL 3193567, 12 Cal. Daily Op. Serv. 9027,.( 4 Dist., 2012)
(Recovery fund available even if judgment not for fraud but based upon fraudulent conduct)
David Fu - Biography
David Fu is the principal of David Fu and Associates, a full-service real
estate and business law firm located in the San Gabriel Valley. Mr. Fu
advises clients concerning real estate, general business transactions and
litigation, and estate planning. He received his bachelor’s degree from the
University of California at Berkeley, Juris Doctor degree from the University
of West Los Angeles, and Master of Laws Degree in Taxation from Golden
Gate University. Mr. Fu is a frequent speaker before real estate professional
organizations and the State Bar of California.
Recently, Mr. Fu was nominated as the incoming Chair of the Real Property
Law Section of the State Bar of California for 2012-2013, where he presently
serves as a member of the State Bar Real Property Law Section Executive
Committee, as Section Vice Chair and chairs the Membership and Outreach
Committee.
Mr. Fu previously served as co-chair of the RPLS Subsection Relations
Committee, co-chair of the Sales and Brokerage Subsection, member of the
Los Angeles County Bar’s Real Property Executive Committee, President of
the Culver Marina Bar Association and General Counsel to the Chinese
American Real Estate Professionals Association.
Mr. Fu teaches the “Fundamentals of Commercial Real Estate” for the
National Association of Realtors, and the Risk Management Course toward
the Graduate, Realtor Institute designation for the California Association of
Realtors.
Before practicing law, Mr. Fu was a commercial real estate broker, in both
conventional sale and auction formats.
Neil D. Kalin, Assistant General Counsel for C. A.R.
·
Started working for C.A.R. in 1987
·
He is the senior legal advisor to C.A.R.’s Standard Forms Committee
·
Answers the C.A.R. Legal Hotline and writes C.A.R. amicus briefs
·
Neil is an arbitrator and mediator for the American Arbitration Association
·
In 1982, Neil received his Bachelor of Science in Advertising from the
University of Illinois and his Certificate of Public Accountancy
·
Neil was graduated from UCLA School of Law in 1985
·
In 2001, Neil received his Certified International Property Specialists
designation from NAR
Revised on: 04/13/2012
Jose A. Mendoza is Counsel in the Los Angeles law firm of Klinedinst PC. Jose has
over 16 years of experience in residential and commercial real estate transactions and
litigation. For much of his career, he worked in-house for Coldwell Banker Residential
Brokerage Company, managing and defending lawsuits against real estate agents and
brokers throughout Southern California. Jose is an experienced trainer, and frequently
counsels clients on risk management and litigation avoidance. Jose's practice
also includes representing clients in construction defects, professional liability
defense, wrongful foreclosure defense, commission disputes and business litigation.
He graduated from UCLA and attended Loyola Law School. Jose volunteers his time as
a Judge Pro Tem at the Los Angeles Superior Court, plays in two basketball leagues
and is on the California State Bar’s Executive Committee for the Real Property Law
Section. Earlier this year, he recently moderated a panel on short sales, foreclosures
and loan modifications with The Rutter Group. Jose is also an AV-rated attorney with
Martindale-Hubbell.
Mary E. Work is formerly legal counsel with the California Department of Real Estate. In
2004, Ms. Work opened her own private practice with an emphasis in the area of administrative
law. She has extensive experience defending licensees before the various Boards and Agencies
that regulate licensing matters within the State of California. Ms. Work represents clients before
the California Department of Real Estate as well as other regulatory agencies with jurisdiction
over matters pertaining to real estate brokerage practice. Ms. Work is a member of State Bar of
California, Real Property Section Executive Committee and the California Association of
Realtors, Legal Affairs Forum. Ms. Work has written and consulted on matters of
professional licensing and regulation including: CEB CA Real Estate Broker - Law and
Litigation, Ch 8 & 9, author; CEB CA Professional Licensing – Disciplinary Practice in CA,
consultant; CEB CA Real Property Sales - Ch 2, author of 2011 and 2012 updates.

Similar documents

×

Report this document