Event Coverage

Marc Weissman presents SAMCAR members with a legal update

His presentation was peppered with amusing anecdotes that brought a lot of laughter to the roomful of Realtors and affiliates, but his message was serious: Be aware of laws pertaining to real estate as well as private matters and try to settle cases outside the court room, because litigation could cost you. And even if you take a case to the Appeal Court and all the way to the Supreme Court and win, it will still cost you thousands of dollars in attorney fees.

Marc Weissman, attorney at law and certified specialist in estate planning, trust and probate law, real estate transactional work and tax aspects of real estate, was the guest speaker at SAMCAR’s February 6th Combined Marketing meeting. Weissman is with the firm Weiss & Weissman, Inc. of San Francisco and Foster City.

Weissman focused on DRE license matters, misconduct, arbitration/mediation, premises liability, HOA, injecting real life examples involving these issues.

Here are just some pointers he gave SAMCAR members:

• If you settle a case, make sure you sign a full release of all claims, known and unknown.

• Homeowners are subject to potential liability if they hire an unlicensed contractor to perform work on their property for which a license is required, if the individual is injured on the job.

• A non-compete is valid only in the sale of a business or dissolution of partnership.

• Witnesses to a Will, while they need not necessarily sign it at the same time, need to sign the Will BEFORE the death of the individual.

• Regarding Probate:

Probate is required unless a person takes steps to avoid probate. In the vast majority of cases, Probate causes delay, expense and aggravation, so Weissman suggests setting up a Living Trust in order to avoid Probate.

“The time you do a Trust is when you buy a house, when you’re involved in a Probate potential,” advised Weissman. Don’t delay, he warned, and make sure you update your Trust if there are changes in your family circumstances.

Weissman also encouraged SAMCAR members to check out his Web site at www.wwlaw.com . The Web site contains a wealth of information regarding estate planning, trust and probate law, real estate transactional work and tax aspects of real estate.

The San Mateo County Association of REALTORS® (SAMCAR) is a professional trade organization representing over 3,800 REALTORS® and Affiliate members engaged in the real estate business on the Peninsula. SAMCAR promotes the highest ethical standards of real estate practice, serves as an advocate for homeownership and homeowners, and represents the interests of property owners in San Mateo County.

The term "REALTOR®" is a registered collective membership mark which identifies a real estate professional who is a member of the National Association of REALTORS® and who subscribes to its strict Code of Ethics.

For further information, please contact Julie Ziemelis, Director of Public Affairs, e-mail , or phone (650) 696-8214.

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