California Real Estate Law Questions & Answers

Q: I made a contract with a builder to buy a house after 1 year the house is not done, what can I do?

1 Answer | Asked in Real Estate Law for California on Aug 22, 2014

Answered on Aug 22, 2014

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Charles Snyderman's answer
The answers to your questions depend on what your agreement of sale says. Schedule an appointment with an attorney in your area, and take the contract with you to the lawyer's office.

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Q: Can the selling real estate agent collect commission as seller and buyer?

1 Answer | Asked in Real Estate Law for California on Jul 14, 2014

Answered on Jul 14, 2014

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Adam Martinez's answer
Generally, an agent which acts as the agent for both seller and buyer (sometimes referred to as "dual agency") may receive compensation for acting as both seller and buyer. However, an agent who is a party to a contract may generally not represent the other party, even though they may still be able to receive a portion of the commission.

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Q: Do California homeowners have a right to rescind after signing listing agreement with any real estate agent?

1 Answer | Asked in Real Estate Law for California on May 6, 2014

Answered on May 17, 2014

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Charles Snyderman's answer
Contact your agent and explain that at this time you no longer wish to sell. Your agent should give you a form to sign that cancels the listing agreement. If the agent gives you a hard time, talk with the broker. If that doesn't work, contact an attorney.

The Association of Realtors in California actually developed a one page for to be used for this purpose.

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Q: Agent/seller flipped a home, advertised as completely remodeled but master shower leaked from day. Any recourse?

1 Answer | Asked in Real Estate Law for California on Apr 25, 2014

Answered on Apr 28, 2014

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Robert James Reynolds' answer
It sounds like there may be recourse if the work that was done required permits and, also, there may be recourse against whoever installed the shower, if it was negligently installed.

How much is the damage; one issue may be it may cost more to pursue it, legally, that what may end up being recovered.

Of course, without reviewing all of the facts and documents, it is difficult to give a final opinion, but I think the foregoing gives you something to think about.

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Q: Can a power of attorney be able to change the name on a house that belongs to his mother? Change it to the 4 children

1 Answer | Asked in Real Estate Law for California on Jul 28, 2011

Answered on Jan 1, 2014

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Zaher Fallahi's answer
Under the probate Code Sections 4450 (c) and 4451(f)(1) below, one with a power of attorney has the authority to act upon the matter unless specifically excluded. A general power of attorney would be similar.

4450. By executing a statutory form power of attorney with respect

to a subject listed in Section 4401, the principal, except as limited

or extended by the principal in the power of attorney, empowers the

agent, for that subject, to do all of the...

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Q: How can I determine who actually owns the Note on my mortgage?

1 Answer | Asked in Real Estate Law for California on Aug 25, 2011

Answered on Jan 1, 2014

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Zaher Fallahi's answer
The lender is the one who sends you the statements and collects the mortgage payments. If that is just the servicing agent for the lender, they should be able to lead you in the right direction. Good luck.

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Q: How do i fight lbeing removed as benificary

1 Answer | Asked in Real Estate Law for California on Jan 12, 2013

Answered on Dec 29, 2013

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Zaher Fallahi's answer
If the question is "you are fighting" your removal as beneficiaries", here what I would suggest. If the testator or settlor is alive and in sound mind, you will have a tough time proving fraud, undue influence on a perpetrator. If the result is not that unusual; the substitute or remains beneficiaries are "natural", you may be out of luck. Consult a local estate planning lawyer with more facts and a closer answer. Good luck.

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Q: Can a buyer cancel/back out of an executed residential purchase agreement for "no reason" according to California law?

1 Answer | Asked in Real Estate Law for California on Sep 6, 2012

Answered on Dec 25, 2013

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Zaher Fallahi's answer
Once an offer is accepted, a valid contract is formed. Any party who wants to get out of the deal, must have a legal defense to formation of the contact; such as duress, mistake, fraud, undue influence, unconscionability and other applicable theories to rescind the contract or invalidate it. Good luck.

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Q: Agent/park manager sold me a mobilehome stating my title would be mailed to me. it never came

1 Answer | Asked in Real Estate Law for California on Jan 9, 2013

Answered on Dec 25, 2013

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Zaher Fallahi's answer
The manager may be just another officer/employee of the business. Take the purchase papers and go see the new manager and find out why they have not send your title. If you do not get a satisfactory response, request a meeting with the entity's lawyer. Alternatively, consult a local business lawyer. Good luck.

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Q: Once an offer for a home purchase has been accepted by the seller, can the buyer see the other offers?

1 Answer | Asked in Real Estate Law for California on Feb 15, 2013

Answered on Dec 25, 2013

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Zaher Fallahi's answer
Once an offer is properly accepted by the seller, a valid contract is formed. You did not explain as to why the buyer wanted to see the other offers. If the buyer is thinking of revoking his or her offer after being accepted, in other words rescinding a valid contract. It can be rescinded by fraud, misrepresentation, unconscionability and other standard theories of defense to a contract formation. Consult a local business lawyer. Good luck.

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Q: My child had a sciecer due to a gas leak that was not detected by the housing inspector.Can I sue the program for negleg

1 Answer | Asked in Real Estate Law for California on Mar 2, 2013

Answered on Dec 25, 2013

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Zaher Fallahi's answer
This may a serious matter and I would strongly recommend advice of a local counsel with more facts and circumstances. In general, a plaintiff (one bringing lawsuit)has the burden of proof for establishing; duty owed to this particular plaintiff (in this case, a member of your household would qualify, and was in the zone of danger. Standard of care is established here), breach of duty (failure to perform according to the standard of care), causation (both actual and proximate cause;...

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Q: Real estate agent to repair a leak -stil not repaired a year after purchase of home -does owner have any legal rights?

1 Answer | Asked in Real Estate Law for California on Mar 25, 2013

Answered on Dec 25, 2013

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Zaher Fallahi's answer
Generally, a "reasonable time" is required. This may vary based on facts and circumstances of each case. A leak may be an item that should be given priority because the next rain may always be probable. Contact the Realtor and find out what is the his/her reason for not meeting the commitment? If such lack of repair has caused any damages, send him/her the bill and ask for an expeditious action. Your lawyer's letter may be more appropriate. Good luck.

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Q: You buy a boat pay the registration and taxes on it then receive a bill from the assessor office for property tax on it....?

1 Answer | Asked in Real Estate Law for California on May 9, 2013

Answered on Dec 25, 2013

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Zaher Fallahi's answer
Boats are similar to automobiles and motorcycles, and taxes are imposed on them by the government as "personal property". As you may know, on the schedule A, itemized deduction of form 1040, there is a section for such items. Of course, generally the item number two on the list of detailed charges are deductible, not the whole amount. Good luck.

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Q: Are property taxes a superior lien/ senior lien??? are property taxes paid from the processed of a sheriff sale??

1 Answer | Asked in Real Estate Law for California on Jun 13, 2013

Answered on Dec 25, 2013

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Zaher Fallahi's answer
Generally, property taxes are considered superior liens/levies because they fund police, fire, public education and other such necessary services. Consult a local lawyer. Good luck.

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Q: To protect my home equity in a lawsuit can I transfer equity to a relative or friend

1 Answer | Asked in Real Estate Law for California on Jul 8, 2011

Answered on Dec 9, 2013

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Zaher Fallahi's answer
Be very careful. Many such transfers may be found "fraudulent conveyances" and the the property may be returned to the transferror's assets (set aside). Consult a local real estate lawyer. Good luck.

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Q: What is a partition action?

1 Answer | Asked in Real Estate Law for California on Feb 15, 2013

Answered on Dec 7, 2013

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Zaher Fallahi's answer
Generally, when you co-own a real property under the title “Joint Tenancy With The Right of Survivorship” (JTWTRS) or Tenancy In Common (TIC), and for whatever reason cannot get along with other owners, you may petition the court to order division of the property in issues, so that you can do whatever is permitted under laws and regulations with respect to your property. This is called a partition action. This right may be waived for some time under the contract and the ownership legal...

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Q: After submitting an offer, what is the time period a response should be received.

1 Answer | Asked in Real Estate Law for California on Feb 23, 2013

Answered on Dec 7, 2013

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Zaher Fallahi's answer
Unless specified in the contract, it is a "reasonable time", which may depend on the facts and circumstances. Of course, an offeror may revoke the offer anytime before its acceptance. Therefore, if you have a better offer and still have the chance, you may revoke it. Consult a real estate lawyer with specific facts for a better advice.Good luck.

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Q: Can a person with a 20% remainder interest sell that interest without paying on the existing mortgage?

1 Answer | Asked in Real Estate Law for California on May 19, 2013

Answered on Dec 7, 2013

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Zaher Fallahi's answer
I vaguely member from law school property law course that, generally, the remainder-man is responsible for the "principal" portion of the mortgage payment. Therefore, the acquirer of the interest will be taking that liability into consideration in arriving at a reasonable price. Consult a real estate lawyer with more facts and a better advice. Good luck.

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