California Real Estate Law Questions & Answers

Q: Are all partners liable for punitive damages for the acts of the managing partner regardless of their lack of knowledge

1 Answer | Asked in Real Estate Law for California on Dec 11, 2014

Answered on Dec 18, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

It is difficult to answer your question without knowing all the facts. If the jury returns verdict for punitive damages against all defendants, and the court enters judgment on that verdict, then the assets of all defendants would be subject to enforcement of judgment. The short answer is that each defendant should retain competent counsel to represent them in the action. Be...

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Q: I've canceled my purchase based on the home inspection, its been 9 days. How long should it take for escrow to get it?

1 Answer | Asked in Real Estate Law for California on Dec 17, 2014

Answered on Dec 18, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you had a structural inspection contingency in your purchase contract, and you timely and properly informed the seller of adverse inspection results, your earnest money deposit should be released to you. Ask your real estate agent to check on the escrow's expected processing time. Be sure to consult your own attorney to protect your legal rights.

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Q: Is seller liable?

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

Answered on Dec 16, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The answer to your question will depend on whether the statements made by the seller were "material" to your decision to purchase the house. As an example, if you made your purchase offer based on the seller's representation, and you would have offered a lower price for the house had you known the flooring material was different, perhaps you have a claim. You should consult your...

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Q: Grant deed shows two owners loan belongs to one. Who receives final check at time of sale.

1 Answer | Asked in Real Estate Law for California on Dec 8, 2014

Answered on Dec 16, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

It is difficult to answer your question without knowing more about the circumstances under which the Grant Deed was issued, and why the secured loan (deed of trust) was signed by one of the title holders only. There may also be some accounting issues between the title holders that need to be addressed. What is clear is that upon the property's sale the secured loan and any...

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Q: I refinanced my house in my wifes and my names. I lent the money to my son and his wife under the same terms as my

1 Answer | Asked in Real Estate Law for California on Dec 3, 2014

Answered on Dec 16, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Usually, a cancelled check is good evidence of payment made. However, you need to consider if your son's payments to you would be tax deductible to him. A home mortgage loan must meet various IRS requirements, for example, the loan must be "secured debt," and must be secured against a "qualified home." Take a look at this IRS publication for some detail...

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Q: what are my options real estate

1 Answer | Asked in Real Estate Law for California on Nov 10, 2014

Answered on Dec 15, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you had a written agreement with your ex wife and/or ex mother-in-law concerning this real property, that would be the first thing to consider. If your marital dissolution case has been finalized, the decree should address your and your ex wife's property rights. Otherwise, the analysis is much more complicated. I suggest you retain an attorney and go over the facts in detail...

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Q: In California, should a commercial real estate tenant record a lease with the County Recorder's Office?

1 Answer | Asked in Real Estate Law for California on Nov 12, 2014

Answered on Dec 15, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

It is not necessary to record leases. If the tenant wishes to record the lease, and if there is no contrary provision in the agreements between the tenant and the landlord, then the tenant may record the lease. Be sure to consult your own attorney to protect your legal rights.

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Q: My brother died and left a house and no will. The house is under no name but his. Can i become the owner of the owner?

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

Answered on Dec 15, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. If your brother had no estate plan (e.g. will or living trust) in place prior to his death, his estate will need to go through probate. The probate court will distribute your brother's estate to his "heirs" based on each heir's affinity to your brother (the technical term for this is "consanguinity"). If you are your brother's only heir, and the estate...

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Q: what right do i have when it comes to how loud music can be play at my home

1 Answer | Asked in Real Estate Law for California on Dec 12, 2014

Answered on Dec 15, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You can listen to music, but you should be considerate not to disturb your neighbors.

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Q: I own a property,& my neighboring property is avalible.Can I buy my next door property and merge the 2 homes ina remodel

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

Answered on Dec 15, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The purchase should not be a problem, so long as you are able to reach an agreement with your neighbor. As to the property merger, you should consult a local real estate attorney to learn about local zoning ordinances.

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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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