Publications Archives

Short Sale Disclosure

The duty of a listing broker and agent to a buyer has changed in light of the onslaught of short sales. On October 6, 2010, the California Appellate Court in the case of Holmes v. Summer, 4th Appellate Dist., 3rd Div. 2010, extended the listing agents' duty to a buyer, requiring disclosure of financial obstacles affecting title. Specifically, if the listing agent or broker is aware that monetary liens and encumbrances exceed the sale price of a residential property, requiring the seller to either undergo a short sale or deposit a substantial amount of cash into the escrow to obtain a release from the lender, there is a duty to disclose this state of affairs to the buyer.

New IRS Guidelines for Flexible Spending Accounts

Many companies today offer flexible spending accounts (FSAs) as part of their health care packages for employees. On September 3, 2010, the IRS issued new guidelines to help employers interpret the rules put in place by recent health care reform changes, relating to over-the-counter medicines and drugs. These changes will take effect as of 2011.

Understanding the Role of the Experts in Family Law

By: Evan D. Schwab

The typical family law proceeding in the Clark County, Nevada Family Court involves a judge, attorneys and the litigants. What many family law litigants are not completely familiar with is the role of the expert in a family law matter. Understanding the role of the experts and how they can be useful can assist clients in achieving the most favorable result possible.

Product Liability Prevention Programs

Manufacturers should adopt an internal Product Liability Prevention ("PLP") program. The first step in developing a PLP is to select a team leader. Larger companies should create a team to help this person deal with overall issues, especially in multi-plant organizations.

Employee or Independent Contractor?

For businesses, classifying workers as independent contractors versus W-2 employees is a dangerous trap for the unwary. It is tempting for businesses to do so because they do not have to carry worker's compensation insurance, pay payroll taxes, take tax withholdings, pay overtime, etc., for independent contractors.

Duration of a Mechanic's Lien in Nevada

Nevada Revised Statutes ("NRS") Chapter 108 primarily governs a lien claimant's legal rights to file and enforce a mechanic's lien claim in Nevada. There are many deadlines and timeframes that must be adhered to in order to protect a lien claimant's legal rights. It is particularly important that a lien claimant in Nevada is aware of the duration of a lien, and the timeframe in which to bring an action to enforce a lien in a proper court. NRS 108.233(1) mandates the relevant duration of a lien as follows:

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