The Fair Housing Act and Discrimination in Real Estate

A quitclaim deed is unlike any other deed. It's a quick and simple form that can be completed in minutes to transfer real estate properties. However, despite their numerous benefits, quitclaims are not appropriate for every real estate transaction. These deeds, however, do not guarantee that the seller has any interest in the property at all. This makes them unsuitable for regular real estate transactions.

What Are the Benefits of Quitclaim Deeds?

A quitclaim deed is a quick and easy way to transfer property ownership, but it is only recommended in certain circumstances. A quitclaim deed is a legal document that transfers real estate ownership from one person to another. Quitclaim deeds are simple forms for transferring real estate interests. They are short forms that you can fill out quickly and sign in front of a notary. All that remains is to enter the buyer's and seller's names, as well as the legal description of the property. Most states, including California, require you to sign in front of a notary.

What Are the Drawbacks of Quitclaim Deeds?

Don't be swayed by the quitclaim's ease of use and invite it into every real estate transaction. Because it transfers all of one person's interest in the property to another, a quitclaim deed is quick and simple. On the other hand, it makes no guarantees about what that interest might be. The deed transfers any claims the seller may have to the property. If the seller has no ownership interest in the property, no ownership interest is transferred. If he owns 10%, 40%, or 80% of the property, that is what is assigned to him. A quitclaim deed also makes no guarantees regarding liens, leases, or other interests that may affect the property.

Using a Deed to Transfer Title

There are various methods for transferring real estate title. When properly sold to a third party in a typical real estate transaction, the most common type of deed is a warranty real estate deed transfer. A warranty deed guarantees that the person transferring the property owns it and has the right to sell it. It includes buyer protections such as compensation if anyone else has superior title to the property. This type of deed guarantees that no liens, such as a mortgage, tax lien, or creditor's liens, exist on the property. When a warranty deed is signed, a title search (a search of the property's past deeds and liens) is performed to ensure the seller has good title. Title insurance is typically purchased as part of the transaction to protect the new owner in the event of a problem. After being executed, warranty deeds are always filed with the county.

When the Trustee Passes Away, What Happens to the Revocable Trust?

Everyone wants to ensure that their loved ones are safe at all times. For the vast majority of people, this entails creating an estate plan. A comprehensive Estate Plan, such as a Trust-Based Estate Plan with Trust & Will, includes everything you need to protect your assets and loved ones both during your lifetime and after you die. When a Revocable Trustee dies, it is up to their Successor to settle their loved one's affairs and close the Trust. The Successor Trustee follows all assets, property, and heirlooms as specified in the Trust, as well as any special instructions. When someone is appointed as a Successor Trustee, they may be unsure where to begin in settling the Estate. In this guide, we'll go over the fundamentals of Revocable Trusts and the process of closing out a Trust when the Trust maker dies.

Contact a Los Angeles Attorney Today

For more information on what these types of deeds entail or if you have any questions about this topic please contact our office at 310.943.1171.

Yes, California has discrimination laws. Employers who discriminate against a protected class of employees or job candidates are breaking the law, according to the California Fair Employment and Housing Act. Victims of workplace discrimination have the right to sue their employer for monetary damages.

How Can I Tell Whether I've Been Treated Unjustly Due To Discrimination?

Evidence of discrimination in the workplace could include demonstrating that particular groups of employees are treated differently than others. It could also involve abrupt shifts in an employer's attitude toward an employee after learning that the individual belongs to a protected group. If you think you are being discriminated against, please look for the following examples:

• Unprecedented shifts in work performance evaluations
• Eliminated from meetings and events
• Changes in work responsibilities or an increase/decrease in workload
• Various types of rule enforcement involving workers from various backgrounds
• Company's failure to discourage racist or sexist jokes in the workplace
• Bantering about accent or sexual orientation
• Ignorance towards such persons

Employers that are members of the same protected class as the employee are nonetheless permitted to discriminate. An African-American manager, for example, could prejudice against an African-American employee or candidate. A female employer can treat a female applicant unfairly because of her gender.

Is It Considered Discrimination If I've Never Been Hired?

Before an individual is ever hired, employment discrimination rules apply to job applications, job seekers, and interview circumstances. Improper job application forms or interview questions could be a symptom of probable employment discrimination. When an employer asks a person these questions, they may be breaking the law.

• Nationality
• Ancestry
• Race/Religion
• Sexual preference
• Disability, either mental or physical
• Record of Arrests

Employers may not force a candidate to take a medical or psychological assessment if no other prospective workers are required to do so, or if the examination is not job-related and in line with business requirements. An employer, on the other hand, may ask job applicants if they are capable of performing the job's essential functions and how they would carry out the duties. After an applicant has been granted a position, the employer can condition it on the applicant passing a medical exam or answering medical questions if all new workers in a similar job function must also answer these questions or undergo a medical exam.

After Being Discriminated Against, How Long Do I Have To File a Lawsuit Against My Employer?

It is a civil right under California law to be able to seek and keep work without being discriminated against on the basis of race, religion, sexual orientation, or other forms of unlawful discrimination. Employees who are discriminated against might launch a discrimination lawsuit against their employers. You only have a limited amount of time to initiate a lawsuit against your employer for discrimination in the workplace. The time restriction is determined in part by the manner in which your complaint was handled. However, depending on the circumstances, these dates may be extended or shortened. The time limits to file a lawsuit vary depending on if its a federal discrimination lawsuit or a California discrimination law suit. See below for details.

Violations of California's Discrimination Law

In general, you must file a complaint with the DFEH within three years of the latest act of discrimination or retaliation in the workplace. Before you can bring a case in civil court, you must first get a Right-to-Sue notice. You have one year from the date the state sends you a notice of your right to sue or does not pursue your claim to file a lawsuit in state court.

Violations of the Federal Discrimination Law

You have 180 days to file a federal employment discrimination complaint. However, if a state or local agency enforces employment discrimination statutes on the same premise as the EEOC, the period can be extended to 300 days. Employees in California would have 300 days to submit an EEOC complaint for the majority of employment discrimination claims. You must first get a notice of right to sue in order to file a federal employment discrimination claim. After receiving a notification of right to sue from the EEOC, the employee usually has 90 days to bring a civil case.

Discrimination Other Than Employment Discrimination

Aside from employment discrimination, there are other types of discrimination as well. Some of the other types of discrimination are related to housing, education, and finances such as loans or sales.

Have More Questions About Discrimination Laws?

If you or someone you know has been discriminated against at the workplace, feel free to contact KAASS Law today at 310.943.1171. Our specialized employment attorneys will be able to assist you with this matter.

Real estate transactions are usually the biggest financial process and undertaking for anyone involved in the matter. We rely on and depend on expertise that provides guidance from real estate agents. Normally, they should help guide this complex process, which leaves a place of trust in them for their financial well-being and future. Doing this, while most agents operate with professionalism and integrity, we expect nothing less than that. However, not everything foes according to place. Consequentially, situations and problems occur where an agent fails to uphold their contractual obligations. As a result, this leads to financial losses and significant stress for their clients. At KAASS LAW, serving clients throughout California, we understand the intricacies of real estate contracts and are here to shed light on how real estate agents can breach these agreements.

Understanding A Real Estate Agent

The relationship between a real estate agent and their client is typically governed by a legally binding contract, often a listing agreement (for sellers) or a buyer-broker agreement (for buyers). These contracts outline the duties and responsibilities of the agent, the scope of their services, the duration of the agreement, and the agreed-upon commission structure. When an agent fails to fulfill these contractual obligations, it can constitute a breach of contract.

Breach of Loyalty

Loyalty refers to the duty of the real estate agent to act only in the client's best interests when assisting them in their affairs. This means that doing something during the home buying/selling process that is meant to serve the agent's or a 3rd party's interests could constitute malpractice, even if it was not necessarily detrimental to the client. 

Breach of Reasonable Care

Real estate agents and brokers are expected to use a certain standard of care when handling their client's real estate transactions. The standard of care for agents is that of a competent real estate professional, one who has significantly more knowledge of real estate than the average person. Failure to act within the required standard of care would be a breach of contract. 

Breach of Confidentiality

It is required that agents do not disclose information that would hurt their clients' chances of buying or selling a home for the best possible price. However, they are not required to remain confidential withholding the information would be a contract breach act itself. 

Disclosure

While certain information must be confidential by real estate agents, they also have the duty to disclose certain information when they are both buying and selling a property.  A realtor assisting someone with buying a property must disclose information such as:

• The lowest possible price that they know the seller will accept.
• Any issues or defects with the property that they know of.
• Other offers that relate to the property.

A realtor assisting someone in selling a property must disclose information such as:

• All offers regarding on their property, and the identity of the people makes them.
• Anything that may affect the property value.
• A buyer's intention to "flip" their property upon sale (buy and sell shortly after for profit).

Obedience

Obedience simply means that the agent must obey the commands of their clients unless those requests are outlawed by either their contract or the law. The client has the ultimate say in whether they should take an offer or wait for a better one, for instance. The client cannot, however, tell them to hide the fact that the air conditioning unit must have a replacement.

Accounting

Accounting refers to the agent's duty to safeguard and keep track of all money and documents entrusted to them. This makes it their responsibility to make sure they correctly bill the client and do not release private or sensitive information, especially if it would hurt their bargaining power.

Contact Us

Real estate transactions involve significant investments, and you have the right to expect your agent to uphold their contractual obligations and act in your best interests. If you believe your real estate agent has breached their contract and you have suffered financial harm as a result, it is crucial to seek legal counsel. We can help in the following ways: Review your contract: Analyze the terms of your listing agreement or buyer-broker agreement to determine the agent's obligations. Investigate the circumstances: Gather evidence to determine if a breach of contract has occurred. Assess your damages: Help you quantify the financial losses you have suffered due to the agent's actions. Explore your legal options: Advise you on the best course of action, whether it involves negotiation, mediation, arbitration, or litigation. Aggressively advocate for your rights: Represent your interests to seek the compensation and justice you deserve. Entrusting a real estate agent with your property or your search for a home requires a significant degree of faith. When that trust breaks due to a breach of contract, KAASS LAW is here to provide legal support. Additionally, given the circumstances, we can represent that you need to navigate the complexities and pursue a just resolution. If you have concerns about your real estate agent's conduct, contact us today for a confidential consultation. Our office can also help anyone who is dealing with real estate purchase and sale disputes.