Legal Question in Real Estate Law in California

Civil Code of protection for Homeowners and Property Managers

What is the civil code that protects a Homeowner form a Property Manager mishandling the Property Managemnet agreement - ie: not supplying references of the possible Renter, credit check or and application to the Homeowner before the Property Manager decides it upon theirself to have the Rental agreement signed by the ''possible'' Renters?


Asked on 2/09/08, 4:09 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Civil Code of protection for Homeowners and Property Managers

This wouldn't be covered in the Civil Code, except possibly by the very general sections covering breach of contract (sections 3300 et seq.), responsibility for one's negligence (section 1714), or agency (e.g., sections 2019,2020 and 2306, perhaps).

Laws governing property managers are more likely to be found in the Business and Professions Code, which covers training, licensing and conduct of real estate license holders, or in the regulations of the Department of Real Estate. Also, much of the law covering duties of property managers would be found outside the codes, in the judge-made common law of reported decisions of cases.

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Answered on 2/09/08, 3:09 pm


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