National ADA defense, Business, Real Estate Blog

California State Court Follows "No Place No Case" Doctrine.  In Thurston v. Midvale Corp., 39 Cal. App. 5th 634, 640-41 (Sep 3, 2019) , the Court closely followed 9th circut Federal Case, Robles vs Domino's Pizza.  On the one hand, the Court allowed an ADA website case to go forward, but it also stated that the main reason for doing so, just as in the Robles case, was because there was a likely nexus between the website and the defendant's physical store, stongly suggesting that without the nexus to a physical location where customers can obtain goods or services, there would be no ADA case.  This is what the Karlin Law Firm has called the "No Place - No Case" doctrine, or for short the Karlin Wesite Doctrine.  Good news for websites which have customers in California.

Those who are looking to buy a home in California or any other state must be financially stable enough to do so. Generally speaking, banks will require borrowers to have an equivalent of up to three months' worth of income in a savings account. Furthermore, buyers may need to have thousands of dollars available to pay closing costs and make an earnest deposit. Banks generally require borrowers to have a cash reserve to ensure that they have money available to make future payments.

In some cases, lenders will provide leeway as to what they consider a large enough cash reserve. Those who have money tied up in relatively liquid assets may be approved for a loan even if they have don't have a lot of money in a savings or checking account. The type of loan that a person is seeking may also play a role in how large his or her cash or asset reserve must be.

Selling a home during the holiday season may be a challenge for homeowners in California and throughout the country. Part of the challenge of selling a home in November or December is that real estate agents, loan officers and others may have limited hours. This means that there is a higher likelihood that an inspection or an appointment with a loan officer takes more time to schedule or gets postponed.

Homeowners are encouraged to make their homes look and feel as inviting as the holiday season itself. For instance, it may be a good idea to bake cookies or put poinsettias out on the front step. However, it is important to decorate in a manner that doesn't create a lot of clutter. It is also important to ensure that the interior is painted and that minor repairs have been made.

Commercial real estate owners in California may be concerned about the growth they could face in property insurance rates. In 2019, there were 14 severe weather incidents across the country, including tornadoes, flooding and heavy winds that caused billions of dollars in damages to homes and commercial properties. According to an insurance broker, commercial property investors are paying higher premiums than they were a few years previously due to escalating costs attributed to natural disasters. Over the past eight quarters, property insurance rates have escalated for commercial real estate owners.

In past years, property insurance rates declined over 16 straight quarters, or four full years. Three major hurricanes, Irma, Harvey and Maria, caused commercial real estate insurance rates to begin to increase. In 2019 alone, office, industrial, hospitality and multifamily properties have seen their insurance premiums rise by 16% as an average. California property owners may be facing even greater increases than others because the state, along with Florida and Texas, faced more substantial losses linked to hurricanes and other natural disasters. Property owners in these areas have seen a 22% increase, but those in areas that have directly experienced weather damage have been paying rates of up to 50% higher.