My manager at Coldwell Banker in 1991, concerning Equity-Share agreements, sale, transactions, etc., quipped, “they are full of land mines.” At that time, Coldwell Banker’s Northern California’s legal department was instructing their office managers to avoid Equity-Share agreements/sales.
Traditional Equity-Share agreements should be lengthy, cover all the “what if’s.” and be drafted by a real […]

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Excerpted from the San Jose Mercury News Column “Market Wise” 7/18/08
Q: We are having a frustrating time buying a certain house. Our agent says this is the sloppiest sale he’s had in his 20-plus-year career. Evidently, the listing agency is really a loan brokerage, but one would never know it from the wording on the […]

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KAPOWICH REAL ESTATE - Sunnyvale, CA 94086 - SiliconValleyBroker.com Video

When I first saw Real Estate Attorney Anthony Ventura, of
Miller, Morton, Caillat & Nevis, it was at a seminar for Brokers
and Managers, sponsored by the Santa Clara County Association of Realtors.I wondered why he had such astute insight into the activities in and around
real estate transactions. […]

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KAPOWICH REAL ESTATE - Sunnyvale, CA 94086 - Silcon Valley Broker Video
Real Estate Attorney Douglas White, of Hoge, Fenton, Jones & Appel, Inc.,
speaks out on the critical role of the licensee when representing a client.
Many licensees brag about being hired because of their beautiful
brochure and/or presentation folder.

Real estate attorneys often mention that while marketing is […]

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Excerpted from the San Jose Mercury News Column “Market Wise” 7/18/08
Q: We are having a frustrating time buying a certain house. Our agent says this is the sloppiest sale he’s had in his 20-plus-year career. Evidently, the listing agency is really a loan brokerage, but one would never know it from the wording on the […]

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Part 1
Beware of the Licensee Who Plans to Turn Your Entryway Into a Their Promotional Kiosk
These licensees have literally been trained to set up tripods
with blown-up neighborhood maps, color coding the sales in the
area, in order to gain new buyer and seller clients. Yet, they
convince the seller that all this extra work is […]

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Excerpted from the San Jose Mercury News Column “Market Wise” 7/18/08
Q: We are selling our house and the buyer’s home inspector is recommending further inspection of the sub-area by an appropriate professional. We don’t feel this is warranted, as our pre-sale inspection noted basically the same observations and comments. Should we grant an extension to […]

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Kapowich on Real Estate #138

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What is the Difference between Ignorance & Stupidity?
Knowing better. Weather is not the only thing that changes with the
seasons, sellers and their licensees, do also! Sellers who are perceived
as rude in person, and/or disrespectful through negotiations are simply
being ignorant. An expensive ignorance.
When the seller’s rep is rude or disrespectful to the buyer and/or
the […]

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Real Estate Attorneys Don’t Lose Cases, Their Clients Do
In California, buried within Civil Code 2079 is a clause that states that a
Buyer has “the duty to protect himself or herself.” It goes on to state
“including those facts which are known to or within the diligent attention
and observation of the Buyer or prospective Buyer.” […]

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