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Articles 1 - 9 of 9
Full-Text Articles in Law
The Fallen Angel, Roger Bernhardt
The Fallen Angel, Roger Bernhardt
Publications
This article discusses a case where the buyer was defrauded by a real estate broker into purchasing property he could not afford.
Making The Broker Pay When The Deal Goes Bad, Roger Bernhardt
Making The Broker Pay When The Deal Goes Bad, Roger Bernhardt
Publications
This article discusses a California decision holding the broker liable to a buyer for misrepresenting the ability of the sellers to convey good title.
Identity Theft And Foreclosure Surpluses: Ctc Real Estate Servs. V Lepe, 2006, Roger Bernhardt
Identity Theft And Foreclosure Surpluses: Ctc Real Estate Servs. V Lepe, 2006, Roger Bernhardt
Publications
This article discusses a California case which held that an identity theft victim in whose name a mortgage was obtained may recover the undistributed surplus proceeds that remained after its foreclosure sale.
Tender By A Worthless Document: Mcelroy V Chase Manhattan Mortgage, 2005, Roger Bernhardt
Tender By A Worthless Document: Mcelroy V Chase Manhattan Mortgage, 2005, Roger Bernhardt
Publications
This article discusses a California case which held that a debtor’s tender of a document that was worthless on its face did not prevent foreclosure or give rise to a creditor’s obligation to object to the tender.
The Economic Loss Rule: Robinson Helicopter V Dana (2004), Roger Bernhardt
The Economic Loss Rule: Robinson Helicopter V Dana (2004), Roger Bernhardt
Publications
This article discusses a California Supreme Court case which held that the economic-loss rule does not bar tort recovery—compensatory and punitive damages—in a claim for intentional misrepresentation or fraud independent of a claim for breach of contract as might be applied to construction litigation.
Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt
Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt
Publications
This article discusses a California case which held that the measure of damages for a broker’s intentional misrepresentation to principal agent is not limited to the buyer’s out-of-pocket losses but may be measured by the benefit-of-the bargain rule.
Nondisclosures By Sellers, Brokers, And Home Inspectors, Roger Bernhardt
Nondisclosures By Sellers, Brokers, And Home Inspectors, Roger Bernhardt
Publications
This article summarizes many issues involved when a real estate buyer believes that someone did not tell them the full story about the condition of property they acquired and they want to sue for those untruths. Areas of discussion include seller, broker, and home inspector intentional and negligent concealment of property defects.
Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt
Full Credit Bids: First Commercial Mortgage Co. V Reece, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that a full credit bid at foreclosure, based on a fraudulent appraisal, does not preclude an action against the appraiser.
You Can Sell But You Can’T Hide, Roger Bernhardt
You Can Sell But You Can’T Hide, Roger Bernhardt
Publications
This article discusses the importance of including former owners as parties in lawsuits for fraud or negligent misrepresentation in the sale of real estate in California.