A federal judge ruled last week that policyholders eventually have to “put up or shut up” when it comes to proving that certain interior damages caused by a storm must be the result of damage to the exterior of a building, allowing water to damage the interior of a building. 1 The lesson from the…
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The Supreme Court of Victoria has ruled that a lease that is a “retail premises lease” (within the meaning of s.11 of the Retail Leases Act 2003) when it is entered into cannot cease to be such a lease during its term. In Richmond Football Club v Verraty [2019] VSC 597. Croft J upheld an…
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If you are a homebuyer seeking a mortgage and the house you contract for appraises for less than the actual contract price, you need to fully evaluate whether to waive the so-called appraisal gap. Waivers of appraisal typically occur in high demand real estate markets, where there are more buyers seeking homes than sellers listing…
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In McMillin Albany LLC v. Superior Court, (2018) 4 Cal.5th 241, the California Supreme Court held that homeowners’ (collectively “the Van Tassels”) claims seeking recovery for construction defect damages are subject to the Right to Repair Act (“RRA” or “The Act”, California Civil Code section 895 et seq.), and thus the Van Tassels were required…
Many homeowners may have taken second mortgages, including home equity lines of credit, on their homes years ago, and thought that the underlying mortgage debt for such loans was forgiven. Other homeowners may have inherited a home without knowing that there was a second mortgage in place or bought such a home at a foreclosure…
In a Massachusetts real estate action, a claimant may assert multiple legal grounds to establish their ownership or other rights in a particular parcel of land. In an October 24, 2019 case, the plaintiffs brought an action seeking an adjudication as to their easement rights over two beaches owned by the defendants. Their claims were based…
In McBride v. Smith, (2018) 18 Cal.App.5th 1160, the court of appeal held that a prescriptive easement claim can survive a demurrer (that is, a which is a motion to dismiss brought early in the case), where allegations in the complaint suggest that the plaintiff’s easement use was contrary to language contained in the recorded…
A Massachusetts Real Estate Litigator Talks About Lis Pendens Basics, Strategy, and Pro Tips. Recently, I gave a well attended webinar for the Real Estate Bar Association on a subject that is near and dear to my real estate litigator’s heart — The Massachusetts Lis Pendens. The webinar was an introductory presentation which I called…
Read More “The Massachusetts Lis Pendens: The Definitive Guide For Lawyers and Clients” »
Claims deadlines and submittals are no longer easy for Florida policyholders. Thanks to many recent legislative changes, which many Florida’s politicians wholeheartedly supported, Florida policyholders now have intricate claims requirements that can spell doom for them and allow insurance companies loopholes to avoid paying otherwise valid claims. It’s hard to keep up with all the changes to…
In general, new homes must be constructed pursuant to the current requirements of local Massachusetts real estate zoning bylaws. Under some circumstances, however, the zoning bylaw may provide for an exception, such as for existing structures. In an October 7, 2019 opinion, the Appeals Court of Massachusetts considered whether a cottage that had been destroyed…
