2018 LEGAL UPDATES PROPERTY LAW

NEW RECOMMENDED DISCLOSURES:In light of the fires, there are new disclosures that are recommended for use in conjunction with sales.

• What you see are folks disclosing and shifting responsibility

• Increased advisories regarding condition of land, water, air, contamination, engineering

• Use of attorneys

• Questions on insurance – can they get it for the property

Many Properties that were cleaned up are subject to liens for fees and reporting requirements

• PROBLEMS – time frames for this, but the County is behind.Lake county took 2 years

WINE COUNTRY’S NEW CROP

• SB 94 – effectively made the marijuana law for adult and recreational use one law

• TONE – of acceptance

• FEDS – rejected the Cole Memorandum and are saying prosecute, leaving more at risk

• LEASING TO CANNIBIS OPERATORS, RISKY – property owner can be roped in for various legal theories including aiding and abetting and conspiracy. 18 USC 2; 21 USC 846

• Seeing new language on Prelim Title Reports in other states

LEGISLATIVE UPDATES

• AB 1148 – Commercial leases must state whether or not premises have undergone inspection by a Certified Access Specialist.Commercial property is vague to list inns, hotel, motels and other short term rentals – could apply to vacation rentals

AB 1357 – exempts a listing or selling agent from liability for any error, inaccuracy or omission of any information if that was 1) not within the personal knowledge of transforer or listing or selling agent; or 2) was based on information provided by public agencies or … other listed persons

SB 173 – increased fees for recording instruments

SB 442 – BUILDING A POOL – new safety requirements

AB 494 & SB 229 – ACCESSORY DWELLING UNITS – second units – there’s a movement to encourage building them

AB 291 – LANDLORDS cannot ask about immigration status or threaten disclose information on that status

AB 551- But you better disclose bedbugs and flood zones AB 646

AND FOR HEAVENS SAKE, don’t evict a tenant under SECTION 8 for not paying the entire rent, just the portion for which they are responsible.( (2017) 8 Cal.App.4th Supp1)

LANDLORDS, DON’T ASK FOR RENT BY MAIL – if you don’t get it, your fault and not entitled to another check ( (1017) 13 Cal.App.5th Supp. 1.)