TITLE: Landlord Forcing A Tenant To Install A Pool Barrier Could Be A Fair Housing Violation
FACTS: The landlord refuses to install a pool barrier, contending that if a tenant has children, then the tenant should pay for the pool barrier.
ISSUE: May the landlord shift the expense of the pool barrier to the tenant?
ANSWER: Probably not.
Forcing the tenant to pay for the pool barrier is likely a fair housing violation. The landlord’s position has the effect of charging more money to a tenant with children than a tenant without children. This differing treatment – depending on familial status – is likely a fair housing violation.
CATEGORY: Contracts (Inspection/Buyer Disapproval)
TITLE: Buyer May Cancel “As Is” Transaction During Inspection Period If Warranted Item Is Deemed Unsatisfactory
ISSUE: Can the buyer cancel the Residential Resale Real Estate Purchase Contract (“Contract”) during the inspection period based on non-working warranted items even if the parties executed an As-Is Addendum as part of the transaction?
The buyer waives the seller’s warranties section in Section 5(a) of the Contract by signing the As-Is Addendum. Therefore, the seller has no obligation to make any repairs to ensure that heating, cooling, mechanical, plumbing, and electrical systems (including swimming pool and/or spa, motors, filter systems, cleaning systems, and heaters, if any), free-standing range/oven, and built-in appliances are in working condition at the earlier of possession or close of escrow.
However, the As-Is Addendum does not alter the inspection rights in the Contract. Accordingly, the buyer may elect to cancel the Contract during the inspection period if a warranted item is determined to be unsatisfactory.