Once a buyer discovers a defect the seller failed to mention, the next question is almost always the same. What can be done about it? California law gives buyers a handful of legal theories to choose from, each with its own proof requirements and its own time limit. And on the other side of the […]
A federal court has given final approval to another residential brokerage commission settlement; this time totaling roughly $42 million across a group of regional and national firms. This settlement, and those that have come before it, stem from the same antitrust theory that has been reshaping the real estate industry over the past two years: […]
A seller replacement property contingency (also known as a “seller’s purchase ofreplacement property” contingency) is a clause in a California residentialpurchase agreement that makes the seller’s obligation to sell contingent upon theseller’s ability to locate and enter into a contract to purchase a replacementhome. This contingency protects sellers who need the proceeds of their currentsale […]
When “Enhanced” Becomes Misleading: Legal Risks of AI-Altered Listing Photos in California Artificial intelligence tools have moved quickly into the real estate marketing space. Realtors now regularly use software that can add furniture, brighten interiors, replace landscaping, or otherwise visually enhance listing photos. While many of these tools are marketed as a modern extension of […]
Is Your San Diego Property Eligible for the Mills Act? Why Historic Property Owners Should Take a Closer Look San Diego is one of the most active jurisdictions in California when it comes to historic preservation incentives. For owners of qualifying historic properties, the Mills Act can offer substantial property tax relief while preserving the […]
A Legal Perspective on San Diego’s New Waterfront Lease and It’s Impact on Property Owners, by Adam Reifman Hoffman Forde was recently fortunate enough to represent an ambitious local business that will be expanding their popular roller rink experience to a second location at Seaport Village this summer. The newly announced lease for this unique […]
In early March 2026, the San Diego City Council voted 8–1 to place an “Empty Homes Tax” measure on the June 2, 2026 ballot. The proposal would impose an annual tax on vacant second homes that are empty for 183 days or more in a calendar year, starting at $8,000 and rising to $10,000 in […]
In California, unlawful detainer cases move fast. That speed comes with a tradeoff: courts expect absolute technical precision. Even small mistakes can derail an eviction before it ever reaches the merits. A recent decision, Heffesse v. Guevara, 330 Cal.Rptr.3d 139 (Cal. App. Div. Super. Ct. 2025.), is a reminder that when it comes to three‑day […]
San Diego, CA | April 1, 2026 Hoffman Forde recently achieved a significant victory for its clients in a contract dispute arising from a failed real estate transaction. Following a buyer’s breach of the purchase agreement, the firm successfully moved for summary judgment, securing a decisive ruling in favor of the sellers. The court’s decision […]
From Executive Order to Bipartisan Compromise: The 21st Century ROAD To Housing Act This is part two of a two part series on the 2026 Executive Order related to housing and institutional investors. The January 2026 Executive Order targeting institutional investors set the tone for a renewed federal focus on housing affordability. This second part […]
Wall Street vs. Main Street: The Executive Order That Reshaped the Housing Debate This article is a two-part series detailing the most recent executive order signed by President Donald Trump on January 20, 2026 entitled “Stopping Wall Street from Competing with Main Street Homebuyers.” For years, first-time homebuyers have argued that they are not only […]
California homeowners depend on their HOAs to manage common areas, investigate reported problems, and act promptly when damage threatens habitability. When this system breaks down, homeowners often feel they have little recourse. A recent published decision from the Sixth District Court of Appeal, Ridley v. Rancho Palma Grande HOA, demonstrates that courts will intervene when […]
The merger between Compass, Inc. and Anywhere Real Estate isn’t just another headline about industry consolidation. It represents a fundamental reshaping of the residential brokerage landscape, creating a single firm with the kind of market power that antitrust regulators usually watch closely. What looks like a business deal on paper has real implications for buyers, […]
In Volume 1, we explored the Sitzer-Burnett lawsuit and the landmark NAR settlement that reshaped the real estate industry. Now, in Volume 2, we turn to the practical side: what these changes mean for you as a buyer or seller. From new rules on agent compensation to how negotiations work today, here’s what you need […]
The real estate industry is undergoing one of its most significant shifts in decades, driven by a landmark lawsuit and a historic settlement with the National Association of Realtors (NAR). At the center of this change is the Sitzer-Burnett case, which challenged long-standing practices around real estate commissions and sparked nationwide debate. In this first […]