California Real Estate Law Questions

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

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 ...
 
 

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

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.
 
 

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

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 ...
 
 

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

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 ...
 
 

2 Answers | Asked in Real Estate Law for California on Nov 30, 2012

James Joseph Falcone's answer
The California statutory homestead exemption applies to any owner of property; Once title is in your name, it applies to you.
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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.
 
 

2 Answers | Asked in Real Estate Law for California on Feb 15, 2011

Ute Ferdig's answer
I am not aware of any reason why you could not have an appraisal business and a real estate business in the same office, but you can't render a neutral opinion on value for properties for which your real estate business is handling the transaction. ...
 
 

2 Answers | Asked in Real Estate Law for California on Feb 17, 2011

Ute Ferdig's answer
An appraiser is hired to render an opinion on the current value of property and the appraiser is bound to apply the appropriate guidelines. You are not entitled to an opinion with which you agree. Without knowing what it is that you disagree with, ...
 
 

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

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.
 
 

2 Answers | Asked in Real Estate Law for California on Jan 13, 2013

Timothy V. Kassouni's answer
I would suggest seeking a temporary restraining order if there is a threat of immediate harm. However, it would be a good idea to first contact the neighbor to try the resolve the matter without court proceedings. Consider consulting with a local land use ...
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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 ...
 
 

1 Answer | Asked in Real Estate Law for California on Jun 3, 2013

Zaher Fallahi's answer
If the mortgages are all from the same lender, the 3rd one may be acquired by fraud as well. Otherwise, each must be independent of one another. The 3rd one may have nothing to do with the there two and completely legitimate. Consult a real estate lawyer. ...
 
 

1 Answer | Asked in Real Estate Law for California on Jun 11, 2013

Zaher Fallahi's answer
Ask the Realtor for the source of law s/he cites. There shouldn't be any such law. Although you may put such terms in the contract, they do not make any sense. Good luck.