85 Annual Meeting th

THE STATE BAR OF CALIFORNIA

85th Annual Meeting Program 101 California Association of Realtors (CAR) Residential Purchase Agreements – Traps for the Unwary

Saturday, October 13, 2012 10:30 a.m.-12:00 noon

Sponsored by the Real Property Law Section

The State Bar of California and the Sections of the State Bar of California are approved State Bar of California MCLE providers. Points of view or opinions expressed in these pages are those of the speaker(s) and/or author(s). They have not been adopted or endorsed by the State Bar of California’s Board of Trustees and do not constitute the official position or policy of the State Bar of California. Nothing contained herein is intended to address any specific legal inquiry, nor is it a substitute for independent legal research to original sources or obtaining separate legal advice regarding specific legal situations. ©2012 State Bar of California All Rights Reserved

#101

C.A.R. Residential Purchase AgreementTraps for the Unwary Moderator: David Fu Presenters: Mary Work, Jose Mendoza, Neil Kalin

Paragraph 1 Named Buyers

Property Description

}

Assignees and Nominees

}

Property Address

}

Matching names on paragraph 1 with signature page

}

Assessor Parcel Number

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 2 Agency Disclosure

Agency Confirmation

}

Listing Broker to Seller

}

Single agency v dual agency

}

Selling (Cooperating) Broker to Buyer

}

Broker acknowledgment (see also, paragraphs 24C and 26C)

} }

Selling (Cooperating) Broker to Seller

Remedy for Failure to Comply The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 24 C

Paragraph 26 C

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraphs 3 A and B Initial Deposit } } }

Buyer Direct to Escrow Buyer to Broker to Escrow Timing

Increased Deposit }

Effect on liquidated damages

Return of Deposit } Cancellation of Contract may be unilateral } Cancellation of Escrow must be mutual The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 3A and B

Paragraph 14F

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraphs 3 C and H Loan Type } } }

Conventional, fixed Rate to be completed Effect of leaving blank

Loan Contingency } }

Deposit, down payment and closing costs 17 days (default) to remove contingency

Failure to Remove Contingency } Not automatically a breach } Allows seller a chance to cancel The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 3C(1) and 3C(2)

Paragraph 3H(2) and 3H(3)

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraphs 3 J and K Cash Offers } }

Box must be checked Seller right to verify

Stated v Actual Financing } } } }

Seller reliance Seller may not cooperate Buyer to pursue stated Buyer breach if alternative not available

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 3 J and K

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraphs 5 A, B and C Buyer Occupancy } }

Effect on loan Effect on liquidated damage

Date of Occupancy } } } }

Seller to vacate on close of escrow date Seller remains – separate agreement Tenant to vacate – 5 days before Tenant to remain – review rental documentation, maybe use income property agreement (RIPA) instead

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 5 A, B and C

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 6 Statutory Disclosures } } } } }

Real Estate Transfer Disclosure Statement Natural Hazard Disclosure Statement Federal Lead Based Paint Disclosure Mello-Roos and other tax Industrial use and military ordnance

} } } }

Return of disclosures by Buyer Subsequent disclosures by seller Cancellation rights No waiver of statutory disclosures

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 6A

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 7 Condominium / Planned Developments } } } } }

Seller Duty to Disclose Seller Duty to Order from HOA HOA Duty to Provide to Seller HOA may charge fee Seller Duty to make available to buyer

Condominium / Planned Developments } }

Buyer obligation to review Cancellation rights

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 7

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraphs 8 and 9 Items Included and Excluded } } } }

Contract prevails Certain personal property Check box for stoves and refrigerators Flat screen TVs

Condition of Property } } } } } }

Present physical condition Date of Acceptance, not date of close of escrow “As-was” v. “As-is” Seller obligation to disclose known existing defects Seller no obligation to repair existing defects Buyer right to inspect and cancel

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 8 and 9

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 12 Title and Vesting } } } } }

Preliminary report not a title insurance policy (Insert case ) Buyer to review and may cancel Title taken in as-is condition

}

Seller to provide Statement of Information (Identity) Buyer does not choose vesting at time of contract but before close of escrow

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 12A

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 14 Failure to Act

Timing } }

}

7 days – Seller reports, buyer proof 17 days – review reports, get inspections, negotiate repairs, and remove contingencies or cancel Request for repairs has built in contingency removal

} }

}

Seller failure, buyer can cancel Buyer failure, seller must issue notice to perform before seller can cancel Return of deposit (avoids common law material v immaterial breach)

Close of Escrow } Demand to close not same as Notice to Perform } 3 days v 2 days. No automatic return of deposit The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 14 (B, C, and E)

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 26 Arbitration

Mediation } } } } }

Prerequisite to prevailing party attorney fees Most cited paragraph in RPA Broker opt-in No initials required Exclusions

} } } } }

Separate initials or counter offer reference Discovery allowed Judge or attorney with experience Broker opt-in Exclusions

Exclusions } Foreclosures, evictions, mechanics liens } Small claims, probate or bankruptcy } Lis pendens and provisional remedies not violation or waiver The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 26A

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 26B

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Paragraph 26C

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Licensee Disputes }

}

Broker to Broker: Arbitration through local or State Association Broker to Salesperson: Look at contract. May not be able to demand arbitration

DRE Complaints } Buyer or seller against broker } DRE independent investigation } Most common violations related to purchase agreement

DRE Recovery Fund Non-recoverable judgments for fraud The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Questions

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

C.A.R. Forms Referenced } }

} }

} } }

California Residential Purchase Agreement (C.A.R. form RPA) Disclosure Regarding Real Estate Agency Relationships (C.A.R. form AD) Agency Confirmation (C.A.R. form AC) Disclosure and Consent for Representation of More than One Buyer or Seller (C.A.R. form DA) Cancellation of Contract (C.A.R. form CC) Transfer Disclosure Statement (C.A.R. form TDS) Natural Hazard Disclosure Statement (C.A.R. form NHD)

} } }

} } } }

Seller Statutory and Contractual Disclosure (C.A.R. form SSD) Agent Visual Inspection Disclosure (C.A.R. form AVID) Home Owner Association Information Request (C.A.R. form HOA) Request for Repairs (C.A.R. form RR) Notice to Buyer to Perform (C.A.R. form NBP) Contingency Removal (C.A.R. form CR) Demand to Close Escrow (C.A.R. form DCE)

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Cases Referenced } } } } } } } }

Allen v. Smith, 94 Cal.App.4th 1270, (4 Dist., 2002) (Is deposit a part of a purchase contract or option consideration) Brown v. FSR Brokerage, Inc., 62 Cal.App.4th 766 (2 Dist. 1998) (Failure to comply with agency disclosure statute) Cullen v. Corwin,206 Cal.App.4th 1074, (3 Dist., 2012) (Failure to mediate after commencement of litigation) Frei v. Davey,124 Cal.App.4th 1506, (4 Dist., 2004) (Availability of attorney fees if failure to mediate) Lange v. Schilling,163 Cal.App.4th 1412, (3 Dist., 2008) (Availability of attorney fees if failure to mediate) Leamon v. Krajkiewcz,107 Cal.App.4th 424, (5 Dist., 2003) (Availability of attorney fees if failure to mediate) Manderville v. PCG & S Group, Inc., 146 Cal.App.4th 1486, (4 Dist., 2007) (Buyer ability to sue broker if buyer fails to investigate) Manhattan Loft, LLC v. Mercury Liquors, Inc., 173 Cal.App.4th 1040, (2 Dist., 2009) (Lis pendens requires pending lawsuit, not just pending arbitration) The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Cases Referenced } } } }

Nguyen v. Tran,157 Cal.App.4th 1032, (4 Dist., 2007) (Non-signatory broker cannot be compelled to arbitrate) Realmuto v. Gagnard, 110 Cal.App.4th 193, (4 Dist., 2003) (TDS not waivable) Southland Title Corp. v. Superior Court, 231 Cal.App.3d 530, (2 Dist., 1991) (No claim for negligent preparation of preliminary title report) Steiner v. Thexton, 48 Cal.4th 411, (2010) (Absolute and sole discretion to cancel is option, not contract)

}

}

} }

Westra v. Marcus & Millichap R. E. Inv. Bkerage Co., Inc.,129 Cal.App.4th 759, (1 Dist., 2005) (Non-signatory bkr may enforce arbitration against signatory principal if broker mentioned in clause) Wherry v. Award, Inc., 192 Cal.App.4th 1242 (4 Dist., 2011) (Arbitration agreement between bkr and agent unenforceable absent certain conditions) William L. Lyon & Associates, Inc. v. Superior Court, 204 Cal.App.4th 1294, (3 Dist., 2012) (Buyer claim against own bkr not subject to Civil Code 2079 limitations period) Worthington v. Davi,--- Cal.Rptr.3d ----, 2012 WL 3193567, 12 Cal. Daily Op. Serv. 9027,.( 4 Dist., 2012) (Recovery fund available even if jmt not for fraud but based upon fraudulent conduct) The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Moderator Bio – David Fu

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Presenter Bio – Mary Work

Mary E. Work is formerly legal counsel with the California Department of Real Estate. In 2004, Ms. Work opened her own private practice with an emphasis in the area of administrative law. She has extensive experience defending licensees before the various Boards and Agencies that regulate licensing matters within the State of California. Ms. Work represents clients before the California Department of Real Estate as well as other regulatory agencies with jurisdiction over matters pertaining to real estate brokerage practice. Ms. Work is a member of State Bar of California, Real Property Section Executive Committee and the California Association of Realtors, Legal Affairs Forum. Ms. Work has written and consulted on matters of professional licensing and regulation including: CEB CA Real Estate Broker - Law and Litigation, Ch 8 & 9, author; CEB CA Professional Licensing – Disciplinary Practice in CA, consultant; CEB CA Real Property Sales - Ch 2, author of 2011 and 2012 updates.

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Presenter Bio – Jose Mendoza

Jose A. Mendoza is Counsel in the Los Angeles law firm of Klinedinst PC. Jose has over 16 years of experience in residential and commercial real estate transactions and litigation. For much of his career, he worked in-house for Coldwell Banker Residential Brokerage Company, managing and defending lawsuits against real estate agents and brokers throughout Southern California. Jose is an experienced trainer, and frequently counsels clients on risk management and litigation avoidance. Jose's practice also includes representing clients in construction defects, professional liability defense, wrongful foreclosure defense, commission disputes and business litigation. He graduated from UCLA and attended Loyola Law School. Jose volunteers his time as a Judge Pro Tem at the Los Angeles Superior Court, plays in two basketball leagues and is on the California State Bar’s Executive Committee for the Real Property Law Section. Earlier this year, he recently moderated a panel on short sales, foreclosures and loan modifications with The Rutter Group. Jose is also an AV-rated attorney with Martindale-Hubbell.

The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

Presenter Bio – Neil Kalin • • • • • • • • • • • • • •

Assistant General Counsel for California Association of REALTORS® Started working for C.A.R. in 1987 Senior legal advisor to C.A.R.’s Standard Forms Committee Author of amicus briefs for C.A.R. for the State and Federal courts Teacher of DRE-approved continuing education courses on RPA Makes public presentations on real estate legal developments for REALTORS® and attorneys throughout California Answers the C.A.R. Legal Hotline Editor of legal section of car.org Instructor for mediator panelists for C.A.R. Mediation Center for Consumers Arbitrator for the American Arbitration Association (commercial panel) Graduate (1982) of the University of Illinois (BS, Advertising) Recipient (1982) of Certificate of Public Accountancy Graduate (1985) of UCLA School of Law Certified International Property Specialists (NAR, 2001) The State Bar of California 85th Annual Meeting, October 11-14, 2012, Monterey

C.A.R. Residential Purchase Agreement-Traps for the Unwary The State Bar of California, 85th Annual Meeting, Monterey, Saturday October 13, 2012 Moderator: David Fu; Presenters: Mary Work, Jose Mendoza, Neil Kalin

Presentation Outline (condensed) Paragraph 1:

Named Buyers; Property Description

Paragraph 2:

Agency Disclosure; Agency Confirmation; Remedy for Failure to Comply

Paragraphs 3 A and B:

Initial Deposit; Increased Deposit; Return of Deposit

Paragraphs 3 C and H:

Loan Type; Loan Contingency; Failure to Remove Contingency

Paragraphs 3 J and K:

Cash Offer; Stated v Actual Financing

Paragraphs 5 A, B and C:

Buyer Occupancy; Date of Occupancy

Paragraph 6:

Statutory Disclosures

Paragraph 7:

Condominium / Planned Developments

Paragraphs 8 and 9:

Items Included and Excluded; Condition of Property

Paragraph 12:

Title and Vesting

Paragraph 14:

Timing; Failure to Act; Close of Escrow

Paragraph 26:

Mediation; Arbitration; Exclusions

Miscellaneous:

Licensee Disputes; DRE Complaints; DRE Recovery Fund

Question and Answer C.A.R. Forms Referenced Cases Referenced

Presentation Outline (complete) Paragraph 1: Named Buyers }

Assignees and Nominees

}

Matching names on paragraph 1 with signature page

Property Description }

Property Address

}

Assessor Parcel Number

Paragraph 2: Agency Disclosure }

Listing Broker to Seller

}

Selling (Cooperating) Broker to Buyer

}

Selling (Cooperating) Broker to Seller

Agency Confirmation }

Single agency v dual agency

}

Broker acknowledgment

}

(see also, paragraphs 24C and 26C)

Remedy for Failure to Comply

Paragraphs 3 A and B Initial Deposit }

Buyer Direct to Escrow

}

Buyer to Broker to Escrow

}

Timing

Increased Deposit }

Effect on liquidated damages

Return of Deposit }

Cancellation of Contract may be unilateral

}

Cancellation of Escrow must be mutual

Paragraphs 3 C and H Loan Type }

Conventional, fixed

}

Rate to be completed

}

Effect of leaving blank

Loan Contingency }

Deposit, down payment and closing costs

}

17 days (default) to remove contingency

Failure to Remove Contingency }

Not automatically a breach

}

Allows seller a chance to cancel

Paragraphs 3 J and K Cash Offers }

Box must be checked

}

Seller right to verify

Stated v Actual Financing }

Seller reliance

}

Seller may not cooperate

}

Buyer to pursue stated

}

Buyer breach if alternative not available

Paragraphs 5 A, B and C Buyer Occupancy }

Effect on loan

}

Effect on liquidated damage

Date of Occupancy }

Seller to vacate on close of escrow date

}

Seller remains – separate agreement

}

Tenant to vacate – 5 days before

}

Tenant to remain – review rental documentation, maybe use income property agreement (RIPA) instead

Paragraph 6 Statutory Disclosures }

Real Estate Transfer Disclosure Statement; Natural Hazard Disclosure Statement; Federal Lead Based Paint Disclosure; Mello-Roos and other tax; Industrial use and military ordnance

}

Return of disclosures by Buyer

}

Subsequent disclosures by seller

}

Cancellation rights

}

No waiver of statutory disclosures

Paragraph 7 Condominium / Planned Developments }

Seller Duty to Disclose

}

Seller Duty to Order from HOA

}

HOA Duty to Provide to Seller

}

HOA may charge fee

}

Seller Duty to make available to buyer

}

Buyer obligation to review

}

Cancellation rights

Paragraphs 8 and 9 Items Included and Excluded }

Contract prevails

}

Certain personal property

}

Check box for stoves and refrigerators

}

Flat screen TVs

Condition of Property }

Present physical condition

}

Date of Acceptance, not date of close of escrow

}

“As-was” v. “As-is”

}

Seller obligation to disclose known existing defects

}

Seller no obligation to repair existing defects

}

Buyer right to inspect and cancel

Paragraph 12 Title and Vesting }

Preliminary report not a title insurance policy

}

Buyer to review and may cancel

}

Title taken in as-is condition

}

Seller to provide Statement of Information (Identity)

}

Buyer does not choose vesting at time of contract but before close of escrow

Paragraph 14 Timing }

7 days – Seller reports, buyer proof

}

17 days – review reports, get inspections, negotiate repairs, and remove contingencies or cancel

}

Request for repairs has built in contingency removal

Failure to Act }

Seller failure, buyer can cancel

}

Buyer failure, seller must issue notice to perform before seller can cancel

}

Return of deposit (avoids common law material v immaterial breach)

Close of Escrow }

Demand to close not same as Notice to Perform

}

3 days v 2 days. No automatic return of deposit

Paragraph 26 Mediation }

Prerequisite to prevailing party attorney fees

}

Most cited paragraph in RPA

}

Broker opt-in

}

No initials required

}

Exclusions

Arbitration }

Separate initials or counter offer reference

}

Discovery allowed

}

Judge or attorney with experience

}

Broker opt-in

}

Exclusions

Exclusions }

Foreclosures, evictions, mechanics liens

}

Small claims, probate or bankruptcy

}

Lis pendens and provisional remedies not violation or waiver

Miscellaneous Licensee Disputes }

Broker to Broker: Arbitration through local or State Association

}

Broker to Salesperson: Look at contract. May not be able to demand arbitration

DRE Complaints }

Buyer or seller against broker

}

DRE independent investigation

}

Most common violations related to purchase agreement

DRE Recovery Fund }

Non-recoverable judgments for fraud

Question and Answer C.A.R. Forms Referenced }

California Residential Purchase Agreement (C.A.R. form RPA)

}

Disclosure Regarding Real Estate Agency Relationships (C.A.R. form AD)

}

Agency Confirmation (C.A.R. form AC)

}

Disclosure and Consent for Representation of More than One Buyer or Seller (C.A.R. form DA)

}

Cancellation of Contract (C.A.R. form CC)

}

Transfer Disclosure Statement (C.A.R. form TDS)

}

Natural Hazard Disclosure Statement (C.A.R. form NHD)

}

Seller Statutory and Contractual Disclosure (C.A.R. form SSD)

}

Agent Visual Inspection Disclosure (C.A.R. form AVID)

}

Home Owner Association Information Request (C.A.R. form HOA)

}

Request for Repairs (C.A.R. form RR)

}

Notice to Buyer to Perform (C.A.R. form NBP)

}

Contingency Removal (C.A.R. form CR)

}

Demand to Close Escrow (C.A.R. form DCE)

Cases Referenced }

Allen v. Smith, 94 Cal.App.4th 1270, (4 Dist., 2002) (Is good faith money a deposit as part of a purchase or option consideration)

}

Brown v. FSR Brokerage, Inc., 62 Cal.App.4th 766 (2 Dist. 1998) (Failure to comply with agency disclosure statute)

}

Cullen v. Corwin,206 Cal.App.4th 1074, (3 Dist., 2012) (Availability of attorney fees if failure to mediate after commencement of litigation)

}

Frei v. Davey,124 Cal.App.4th 1506, (4 Dist., 2004) (Availability of attorney fees if failure to mediate)

}

Lange v. Schilling,163 Cal.App.4th 1412, (3 Dist., 2008) (Availability of attorney fees if failure to mediate)

}

Leamon v. Krajkiewcz,107 Cal.App.4th 424, (5 Dist., 2003) (Availability of attorney fees if failure to mediate)

}

Manderville v. PCG & S Group, Inc., 146 Cal.App.4th 1486, (4 Dist., 2007) (Buyer ability to sue broker if buyer fails to investigate)

}

Manhattan Loft, LLC v. Mercury Liquors, Inc., 173 Cal.App.4th 1040, (2 Dist., 2009) (Lis pendens requires pending lawsuit, not just pending arbitration)

}

Nguyen v. Tran,157 Cal.App.4th 1032, (4 Dist., 2007) (Non-signatory broker cannot be compelled to arbitrate)

}

Realmuto v. Gagnard, 110 Cal.App.4th 193, (4 Dist., 2003) (TDS not waivable)

}

Southland Title Corp. v. Superior Court, 231 Cal.App.3d 530, (2 Dist., 1991) (No claim for negligent preparation of preliminary title report)

}

Steiner v. Thexton, 48 Cal.4th 411, (2010) (Absolute and sole discretion to cancel is option, not contract)

}

Westra v. Marcus & Millichap Real Estate Inv. Brokerage Co., Inc.,129 Cal.App.4th 759, (1 Dist., 2005) (Non-signatory broker may enforce arbitration against signatory principal if broker mentioned in clause)

}

Wherry v. Award, Inc., 192 Cal.App.4th 1242 (4 Dist., 2011) (Arbitration agreement between broker and salesperson unenforceable absent certain conditions)

}

William L. Lyon & Associates, Inc. v. Superior Court, 204 Cal.App.4th 1294, (3 Dist., 2012) (Buyer claim against own broker not subject to contractual limitations in Civil Code 2079)

}

Worthington v. Davi,--- Cal.Rptr.3d ----, 2012 WL 3193567, 12 Cal. Daily Op. Serv. 9027,.( 4 Dist., 2012) (Recovery fund available even if judgment not for fraud but based upon fraudulent conduct)

David Fu - Biography David Fu is the principal of David Fu and Associates, a full-service real estate and business law firm located in the San Gabriel Valley. Mr. Fu advises clients concerning real estate, general business transactions and litigation, and estate planning. He received his bachelor’s degree from the University of California at Berkeley, Juris Doctor degree from the University of West Los Angeles, and Master of Laws Degree in Taxation from Golden Gate University. Mr. Fu is a frequent speaker before real estate professional organizations and the State Bar of California. Recently, Mr. Fu was nominated as the incoming Chair of the Real Property Law Section of the State Bar of California for 2012-2013, where he presently serves as a member of the State Bar Real Property Law Section Executive Committee, as Section Vice Chair and chairs the Membership and Outreach Committee. Mr. Fu previously served as co-chair of the RPLS Subsection Relations Committee, co-chair of the Sales and Brokerage Subsection, member of the Los Angeles County Bar’s Real Property Executive Committee, President of the Culver Marina Bar Association and General Counsel to the Chinese American Real Estate Professionals Association. Mr. Fu teaches the “Fundamentals of Commercial Real Estate” for the National Association of Realtors, and the Risk Management Course toward the Graduate, Realtor Institute designation for the California Association of Realtors. Before practicing law, Mr. Fu was a commercial real estate broker, in both conventional sale and auction formats.

Neil D. Kalin, Assistant General Counsel for C. A.R. ·

Started working for C.A.R. in 1987

·

He is the senior legal advisor to C.A.R.’s Standard Forms Committee

·

Answers the C.A.R. Legal Hotline and writes C.A.R. amicus briefs

·

Neil is an arbitrator and mediator for the American Arbitration Association

·

In 1982, Neil received his Bachelor of Science in Advertising from the University of Illinois and his Certificate of Public Accountancy

·

Neil was graduated from UCLA School of Law in 1985

·

In 2001, Neil received his Certified International Property Specialists designation from NAR

Revised on: 04/13/2012

Jose A. Mendoza is Counsel in the Los Angeles law firm of Klinedinst PC. Jose has over 16 years of experience in residential and commercial real estate transactions and litigation. For much of his career, he worked in-house for Coldwell Banker Residential Brokerage Company, managing and defending lawsuits against real estate agents and brokers throughout Southern California. Jose is an experienced trainer, and frequently counsels clients on risk management and litigation avoidance. Jose's practice also includes representing clients in construction defects, professional liability defense, wrongful foreclosure defense, commission disputes and business litigation. He graduated from UCLA and attended Loyola Law School. Jose volunteers his time as a Judge Pro Tem at the Los Angeles Superior Court, plays in two basketball leagues and is on the California State Bar’s Executive Committee for the Real Property Law Section. Earlier this year, he recently moderated a panel on short sales, foreclosures and loan modifications with The Rutter Group. Jose is also an AV-rated attorney with Martindale-Hubbell.

Mary E. Work is formerly legal counsel with the California Department of Real Estate. In 2004, Ms. Work opened her own private practice with an emphasis in the area of administrative law. She has extensive experience defending licensees before the various Boards and Agencies that regulate licensing matters within the State of California. Ms. Work represents clients before the California Department of Real Estate as well as other regulatory agencies with jurisdiction over matters pertaining to real estate brokerage practice. Ms. Work is a member of State Bar of California, Real Property Section Executive Committee and the California Association of Realtors, Legal Affairs Forum. Ms. Work has written and consulted on matters of professional licensing and regulation including: CEB CA Real Estate Broker - Law and Litigation, Ch 8 & 9, author; CEB CA Professional Licensing – Disciplinary Practice in CA, consultant; CEB CA Real Property Sales - Ch 2, author of 2011 and 2012 updates.