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Recent Articles by Robert Muir

Practical Solutions to Boundary Issues

The Scenerio: You represent the seller who owns a 25-year-old home. Your client tells you that the rear fence fell down seven years ago and that the adjoining porperty owner who moved in four years ago may be using a portion of the seller's land. When the buyer comes to look at the property, you explain to his or her agent that there is no fence in the back, but if one looks at side fences, the back baoundary line can be ascertained.... [Read More]

When to Use a Seller Carry-Back "All-Inclusive" Loan

An "All-Inclusive Loan" is one the seller makes to the buyer in which an All-Inclusive Deed of Trust ("AITD") and promissory note are held by the seller for a portion of the purchase price and the unpaid balance of an existing loan, often with a bank. An AITD allows the buyer and seller to take advantage of the lower interest rate on the existing loan. With interest rates low, and tighter lending requirements, buyers and sellers are now considering using seller financing, including AITD's. [Read More]

Which Transactions are Exempt from the TDS?

Questions have arisen recently about what transactions are exempt from the Real Estate Transfer Disclosure Statement (TDS) law under California Civil Code §1102. Apparently, at some seminars agents are being taught that if an investor creates a limited liability company ("LLC") to sell residential property or uses the LLC as the trustee of a trust, the seller does not need to give the buyer a TDS. However, this exemption is doubtful. [Read More]

What's New at the Bureau of Real Estate

The Department of Real Estate will become the Bureau of Real Estate (BRE) under the Department of Consumer Affairs on July 1, 2013 as part of the state government restructuring to improve efficiencies. Wayne Bell was appointed Commissioner of Real Estate in February 2013. Commissioner Bell is an attorney and real estate broker who had been Chief Counsel and Assistant Commissioner for Legal Policy and Recovery at the BRE since 2006. Unlike other commissioners appointed in the past, Commissioner Bell comes from inside the BRE, rather than from the real estate industry. What changes and trends can we expect at the BRE? [Read More]

What You Should Know About the Bureau of Real Estate

At a time when the Bureau of Real Estate (formerly Department of Real Estate) is increasing its scrutiny of real estate licensees' activity, it is important to do everything possible to avoid an investigation or audit by the BRE but to be proactive in the event the Bureau takes any action. [Read More]

Equity Sharing: Purchasing Property With An Investor

Equity sharing is a financing option for homebuyers who need assistance with their purchase. With tighter lending standards, some buyers may benefit from having an investor help with the down payment or to qualify for a loan. Investors can benefit by being able to purchase a property they would not be able to qualify for by themselves, and having an owner, rather than a tenant, live in the property and pay the debt service. [Read More]