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Category Archives: Real Estate Development

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Governor’s Prop 65 Strategy-Change the Regulations

Posted in Agricultural Law, Prop 65, Real Estate Acquisitions and Dispositions, Real Estate Development

According to the California Environmental Insider, Governor Brown’s 2014-15 draft budget contains a proposal to allocate almost $800,000 to OEHHA (Office of Environmental Health Hazard Assessment) to revise the Prop 65 regulations and to finance the development of a website to provide detailed information about listed chemicals. Also according to CEI there does not appear… Continue Reading

EPA Publishes Final Environmental Site Assessment Rule Accepting ASTM E1527-13 as Superceding Existing ASTM E1527-05

Posted in Environmental and Land Use, Hazardous Waste, Real Estate Acquisitions and Dispositions, Real Estate Development

As we discussed in our prior blog the new ASTM standard E1527-13 had been promulgated and that industry was critical of EPA for accepting both standards, despite the fact that E1527-13 was expressly drafted to resolve continuing issues with E1527-05.  On December 30, 2013, however,  EPA published a final rule finding that ASTM E1527-13, released on… Continue Reading

New ASTM Standards for Due Diligence and Why You Should be Aware of Them

Posted in Due Diligence, Environmental and Land Use, Hazardous Waste, Real Estate Acquisitions and Dispositions, Real Estate Development, Real Estate Litigation, Secured Lending and Finance

WHY YOU NEED TO ENGAGE IN DUE DILIGENCE PRE-ACQUISITION Prior to purchasing or leasing property, it is necessary in most instances to engage in at least a screening environmental review.  The purpose of a pre-transaction investigation is two-fold:  first, to determine whether there are issues that must be dealt with in the relevant agreement (or… Continue Reading

Preliminary Endanger­ment Assessment (PEA) Guidance Manual Released in Draft by DTSC

Posted in Due Diligence, Environmental and Land Use, Real Estate Development

The Department of Toxic Substances Control has released a revised ver­sion of its Preliminary Endanger­ment Assessment (PEA) Guidance Manual.  The manual is used to perform an initial evaluation of contaminat­ed property. This is the most recent version since 1999.  This version was intended to include information required by the All Appropriate Inquiry (“AAI”) standard included… Continue Reading

New Energy Disclosure Requirements for Non-Residential Buildings

Posted in Leasing, Real Estate Development

Major deals involving a whole non-residential building will soon require owners and agents to disclose energy use data to a prospective buyer, tenant, or lender before any sale, lease, financing or refinancing of the entire building. How?   By using the Environmental Protection Agency’s (EPA) online software, Energy Star Portfolio Manager, energy usage data is collected,… Continue Reading

Prevailing Defendants entitled to Attorney’s fees in ADA cases, Jankey v. Lee

Posted in Real Estate Development, Real Estate Litigation

Check out the recent success of Weintraub Tobin’s Labor & Employment group in the California Supreme Court’s decision issued in Jankey v. Lee on December 17, 2012.  Lizbeth West, Esq., led the charge with the help of several other Weintraub Tobin attorneys, and filed an amicus brief with the California Supreme Court on behalf of… Continue Reading

When is a bad act, which triggers recourse on a mortgage loan, a good act for the lender?

Posted in Real Estate Development, Secured Lending and Finance

Borrowers and guarantors often ask mortgage lenders to not seek personal judgments against them and only look to the real property and other collateral for repayment of their loan in case of default.  If granted, the loans are commonly called “non-recourse” loans.  However, if even a lender grants such non-recourse, it will want certain exceptions… Continue Reading

California Homeowner Bill of Rights Takes Effect January 1, 2013

Posted in Real Estate Development

This is just a reminder that the California Homeowner Bill of Rights becomes effective January 1, 2013.  Signed into law earlier this year, the Bill of Rights contains several significant mortgage and foreclosure reforms for residential property in California including: Required Documentation – Mortgage servicers will be required to fully document for consumers the servicers’… Continue Reading

Changes in Disability Laws; What Commercial Property Owners Need to Know (SB 1186)

Posted in Real Estate Development, Uncategorized

Governor Brown recently approved significant changes to California’s Disabled Access laws.  Those changes are summarized on Weintraub’s Labor & Employment blog.  As a commercial property owner, you need to modify your leases as of July 1, 2013.  You must include in your lease or rental agreement a statement about whether or not the property has undergone… Continue Reading

Real Estate Developers Warning – What do you mean I could be personally liable?

Posted in Real Estate Development, Real Estate Litigation

The tail end of a recent anti-deficiency decision of minor import has HUGE warning signals for principles, employees or agents of real property. Each could be individually and personally liable to lenders even after a foreclosure. How? In Fait v. New Faze Development, the lender to a failed redevelopment project sued both the borrower and… Continue Reading