Get free answers to your Real Estate Law legal questions from lawyers in your area.
I am part of a family-owned LLC that is selling a commercial property and carrying a loan for the buyer. The loan agreement was set up by a service. I'm concerned if this transaction is legitimate or if there might be a better way to handle it. Are there specific legal considerations or... View More 
I am involved in selling my property, which includes an unpermitted alteration, and I'm ready to disclose all facts to the potential buyer. However, I'm concerned these disclosures might affect their FHA loan approval, potentially ending the process. With no real estate agent involved, I... View More
I am having issues with my probate lawyer and his wife, who is a realtor. Despite not being hired by me, she contacted my real estate agent about the status of the home sale and later participated in a conference call with my lawyer to pressure me into accepting the first offer on the property.... View More
I filed small claim against my formal tenant and the complain has personally served and filed with court. Now I have successfully evict the tenant and I would like to amend my complain to add repair cost as well as more rents. However, tenant has evicted and no forwarding address given and cannot... View More
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answered on Mar 9, 2025
In Alameda County, when you amend your small claims complaint to request additional damages, you typically must serve the amended claim on the defendant again, similarly to how you served the original claim. Personal service is usually required unless you obtain permission from the court for... View More
By law, is an escrow company required to issue a check in the name of the revocable trust that holds the property at closing?
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answered on Mar 9, 2025
In California the check would usually be made payable to the trustee as trustee of the trust that owns the property. In some other states the check could be made payable just to the trust.
If the trustee has changed you need to supply the title company with an updated certification of trust.
I am in the process of a divorce as my wife filed for it after leaving in August 2022. I was never served divorce papers but received a notice of default in November 2024. Since then, I have not taken any legal steps, and I recently attempted to look up the case online with the case number... View More
answered on Mar 9, 2025
You have no standing to do anything until that default is set aside. File the motion to set aside based on failure to serve. Get a copy of the proof and service of the summons first, however, and see what it says about when and how your spouse is claiming you were served.
I am in the process of transferring common stock shares that were owned by my late mother. Her account was designated as Transfer on Death (TOD), and I am the beneficiary and Successor Trustee of a Family Trust. These shares are considered Trust assets. A Medallion signature guarantee is required... View More
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answered on Mar 7, 2025
When transferring stocks as a TOD beneficiary who's also a Successor Trustee, your capacity on the forms makes a crucial difference. Since the shares are Trust assets, signing as "Trustee" rather than just "beneficiary" would likely resolve your Medallion guarantee... View More
My father's will left his house 50/50 to me and my sibling. I'm the executor and plan, per our agreement, to transfer 100% ownership of the house to my brother. He previously signed a "Waiver of Accounting & Consent to Sale of Real Property," which was filed with a Notice of... View More
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answered on Mar 6, 2025
To transfer 100% ownership to your brother, you'll need to file a Petition for Final Distribution with the court, specifically requesting the property be distributed entirely to your brother according to your agreement. The previously filed Waiver and Notice of Proposed Action are helpful... View More
I am considering being added to my cousin's month-to-month lease for an apartment where she has been living at below-market rent for nearly a decade. There are no previous arrangements with the landlord regarding rent adjustments if the primary tenant leaves, and the latest rent increase was... View More
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answered on Mar 6, 2025
In California, when you're added to a month-to-month lease with your cousin who's been paying below-market rent for nearly a decade, the outcome depends on your local rent control ordinance. Generally, if you're added to the lease while your cousin still lives there, and then your... View More
I filed for divorce, and my wife now wants to move back into my house, which I acquired before our marriage and is my separate property. There are no children involved, and there are no legal protection orders in place. How should I handle this situation?
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answered on Mar 5, 2025
You're in a challenging situation that requires careful handling. In California, property acquired before marriage typically remains separate property during divorce proceedings, giving you legal grounds to deny your wife's request to move back in. However, the situation can become... View More
I received a statement invoice from my HOA dated January 1, 2025, with a due date of January 31, 2025. They mentioned that late fees apply 15 days after the due date, but no specific agreement was needed due to the Davis-Sterling Act. Could you clarify which date the late fee would be effectively... View More
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answered on Mar 5, 2025
Under the Davis-Sterling Act in California, HOA assessments typically become delinquent 15 days after the due date, unless your association's governing documents specify otherwise. Based on your invoice with a January 31, 2025 due date, the late fee would apply starting February 15, 2025.... View More
I hired a lawyer through a title company to handle a quiet title/easement case, excluding private nuisance claims. The lawyer hasn't filed a response or notified the court of their representation, leaving the record showing only the neighbor's side. We signed an agreement to settle after... View More
answered on Mar 3, 2025
It’s unusual that you didn’t sign the settlement agreement
You should have a real estate litigation attorney review the settlement and all related documents to make sure you were/are properly protected.
George Wolff
My father recorded a video will after signing a Transfer on Death (TOD) deed for our jointly owned property. The TOD, dated September 8, 2020, specifies a 50/50 split between my brother and me. However, the video will states that my father leaves everything to my brother. The house is already under... View More
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answered on Mar 3, 2025
In California, a Transfer on Death deed (TOD) is generally considered a non-probate transfer that takes precedence over subsequent wills. Once properly recorded, a TOD deed effectively removes that property from what can be distributed through a will. This means the video will your father created... View More
I have a verbal agreement regarding a real estate property, and my partner can attest to this agreement. We have been making payments for the property for the past 7 years. Can this verbal agreement be upheld legally?
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answered on Mar 3, 2025
In California, verbal agreements for real estate transactions typically cannot be enforced due to the Statute of Frauds, which requires real estate contracts to be in writing. However, your situation presents some interesting possibilities for legal recognition through exceptions to this rule.... View More
I received a parking violation notice from my landlord stating that my vehicle, which has expired tags, is inoperable and may be towed. The lease does not mention towing for expired tags, and there are no parking rules posted on the property. The violation notice was placed on my car's... View More
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answered on Mar 1, 2025
In California, landlords generally need a valid legal basis to tow vehicles from private property. Without specific language in your lease addressing vehicle requirements or a clearly posted towing policy on the property, your landlord may be overstepping their authority. California Vehicle Code... View More
I have been staying on a property in California for 6 months as a squatter after the renter on the lease passed away. There are no legal actions currently against me. What are my rights in this situation?
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answered on Mar 1, 2025
You haven't established adverse possession rights in California after only 6 months of occupancy. California requires at least 5 years of continuous occupation plus payment of property taxes before you could claim property rights through adverse possession.
However, you may have... View More
I am one of the surviving joint owners of a single-family home in California, held as Joint Tenants with Right of Survivorship (JTWROS). One of the former owners attempted to quiet title in a frivolous lawsuit before they recently passed away. We have now discovered that a California... View More
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answered on Mar 1, 2025
Yes, you can challenge these unauthorized filings. In California, joint tenants generally must have consent from all owners before encumbering the property with liens or deeds of trust. When one joint tenant acts unilaterally without proper authorization, these actions can be contested,... View More
I am involved in a mediation regarding a quiet title case for equitable easement or prescriptive easement, combined with a private nuisance claim. During the confidential mediation with the title company, my neighbor's adult son participated, although he is neither named in the case nor... View More
answered on Feb 28, 2025
There is nothing illegal about this.
Has his presence or actions damaged you in any way?
I reached a settlement agreement during mediation with my neighbor concerning a prescriptive/equitable easements claim on my driveway, which my neighbor uses. The agreement states that the term sheet and final settlement shall be binding and admissible per Evidence Code 1123. The agreement also... View More
answered on Feb 28, 2025
Yes, it is recordable very likely and you may be able to go to court to enforce it.
We recently purchased business condos in Northern California, consisting of 2000 sq ft shop/storage units. Some units are on month-to-month leases at below-average market rents. We wish to raise the rents to just under the market rate, which would mean a substantial monthly increase of about $600.... View More
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answered on Mar 1, 2025
In California, commercial property leases generally have fewer restrictions than residential leases, allowing you to increase rents to market rates for your shop/storage units. For month-to-month commercial tenancies, you typically need to provide 30 days' written notice before implementing... View More
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