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California Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for California on
Q: I live in a home next to a apartment building causing me issues, parking, stealing and many other things.

It’s the only apartment building in my neighborhood (out of place) for miles there is no apartments and only single family homes. The tenants of this low rent building park on the street all around my property, break into my car multiple times, into my home, I have no safety fit myself or family.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

Sounds like my neighborhood. We have police and fire at the complex every day. Drugs, domestic violence, you name it. Just keep calling the police every time, get to know the patrolmen. Unfortunately it probably will not constitute a public nuisance. Consult a personal injury attorney in your... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: What happen if seller signs a purchase agreement with a second buyer when has not cancelled the 1st buyer's agreement?

the agent is same for the first buyer. Agent informed the that 1st buyer informed him via text that they need to backup. Agent did not get any cancellation docs signed. On the same day another buyer sent an offer and a contract was signed with them. Now the 1st buyer wants to continue and the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

Sounds like you have an overeager agent. Tell the agent that he created the mess, and he needs to straighten it out or he will be paying for your defense on a lawsuit and for damages. If this does not resolve it, you need to file an action to quiet title and for damages against the agent for... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: If my tenant who is renting breaks a lease, he is responsible for the rent until a new renter. Can I increase the rent?

When a tenant breaks a lease, they are responsible for the rent until the new renter moves in. The person who broke the lease's rent is below market value. Can I legally raise the rent to market value when I'm looking for the next tenant?

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

You can offer the property to a new tenant for whatever rent you choose, after you evict the old, breaching tenant. But the old tenant is not liable to you for any more than the rental agreement stated as the rent. You don't get to charge him the increased rent value for the time it was... Read more »

2 Answers | Asked in Real Estate Law for California on
Q: My husband asked me to sign "Interspousal Grant Deed" for a house he bought, signing it means I have no rights on this h

house while we are in our marriage or even we want to get divorce . am I right?

we have been married for 7 years.

there is morgage at this house

we were married when he bought it

Thanks

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 4, 2020

If the house was purchased during the marriage it is community property. Putting his own name on title doesn't change that. If you sign an interspousal grant deed and you understand its meaning, then yes, the result is that the property is no longer community property to be divided in the... Read more »

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2 Answers | Asked in Real Estate Law for California on
Q: The buyer agreed to purchase the real property in the amount of $170,000 but the buyer requested to pay $70,000 direct

directly pay $70,000 off the record (no written documents as per $70,000) and at the Sales contract, the sale price indicated $100k. Only $100 k was shown at the deed of trust and recorded. The buyer paid $40,000 at the same date when the deed of trust was recorded (the seller was the lender).... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 3, 2020

it's not clear whether you are the buyer or the seller but in any event, each party here, needs a lawyer representing them and you want to retain that lawyer right away if there is an active lawsuit.

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2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for California on
Q: Hi, I just signed a lease which I got a lot of help from my broker. Can I have someone review the contract packgage?

I do not think the contract package is legit, because during the process, the broker always mess up the docu sign contracts and I worry if there is something shady in the contract. Especially during the Covid time eviction is impossible I am really worried.

Yelena Gurevich
Yelena Gurevich answered on Dec 3, 2020

Yes, You can hire an attorney to review the contract for you if that is what you are asking.

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1 Answer | Asked in Real Estate Law and Probate for California on
Q: What is my financial responsibility and liability on an inherited house? Trying to avoid a partition action.

California. I am due to inherit my mother's house along with my siblings. There are issues with the other siblings not paying for housing expenses and I been taking up the slack. I have requested mediation to come up with a co ownership agreement to distribute responsibilities or to be bought... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 2, 2020

If there is no agreement by the owners regarding payments or selling the property, than partition is the appropriate action to take. It will either force a sale of the property or a buy out of the party asking for a partition.

1 Answer | Asked in Real Estate Law for California on
Q: Sellers did not disclose an upcoming construction next door - even though they received an official notice from the city

Sellers did not disclose an upcoming construction next door - even though they received an official notice from the city planning department. We as buyers and sellers have signed the purchase contract; but we have NOT put down the deposit money yet (it's been 2 business days since signatures).... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 2, 2020

It doesn't sound like you have much of a case. You could be in breach if you back out. The devil is in the details and you have to review all disclosures to determine whether it was something that had to be disclosed or not. Generally, only issues with the property you are purchasing have... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Who do I contact,and what do I need to prove that my land is being sold way undervalue?

A judge ordered partition by sale. But land with similar features in my local area are being sold for $3,000 / acre more than mine at the very least. Some as much as $25,000 / acre more.

Yelena Gurevich
Yelena Gurevich answered on Dec 1, 2020

If the judge already entered an order, that generally means anything to prove or show the judge would have already happened unless the judge set a separate hearing to determine the price to be sold at.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for California on
Q: Can someone who owns a Big property, with many code violations , reel many volunteers on a lie and make them fix it?

This lady owns about 45 acres and rents the houses on it to about 3 tenants. She also rents its it out to campers on the weekends. But the property has many housing code violations. She uses volunteer websites and sells this place as a “free meditation experience, with monks who can teach you... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 1, 2020

Volunteers by definition are people who do something without the expectation of payment or receiving something in return. It is the choice of the volunteer to volunteer or not. A volunteer can always leave and hence has no real damages. Lying in and of itself is not generally a violation of law... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: If the sheriffs changed the locks on the house can we go and change them back?? If we are owners of the property
Yelena Gurevich
Yelena Gurevich answered on Nov 22, 2020

The sheriffs only change the locks with a court order. This implies you no longer own the property and have no right to be there. If that is the case, you would be trespassing if you changed the locks. You may need to consult with a real estate attorney as the information is too limited to give... Read more »

1 Answer | Asked in Government Contracts and Real Estate Law for California on
Q: in simpler terms , what is an adjudication hearing

what is adjudication hearing of a property or parcel of land that is need of cleaning that authorizes Board of Supervisors to re enter the property for a period of 1 year after hearing without any further hearing

Yelena Gurevich
Yelena Gurevich answered on Nov 20, 2020

it is a hearing where a decision/ judgment/ order is made

2 Answers | Asked in Real Estate Law and Tax Law for California on
Q: Refinance residential loan application home purchase value question

I am in process of refinancing. In application, I put the home purchase value less by ~$700, this happened as I rounded the numbers (560k vs 560.7k). In fact all that was from memory. I requested the change, but the loan officer again missed it. Now the closing is scheduled and I am little... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2020

If the lender says the $700 misquote is not a problem, then it isn't a problem. Your taxes don't change with a refi. Recording fees are per document. There is no taxable transfer. Chill, it isn't a problem.

Justia disclaimers below, incorporated herein.

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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Does a co-signer of a home need waiver of bond by heir or beneficiary to refinance?

Our father passed away a year ago and left no Will. One of my brother did co-sign on the home two years ago. He is now looking to refinance and is asking to sign the forms to do so, which if I understand would make him the executor of the estate. Is that required to be able to refinance the home or... Read more »

Yelena Gurevich
Yelena Gurevich answered on Nov 16, 2020

Is the property in a trust? Revocable or irrevocable? If revocable, heirs/ beneficiaries don't have any rights yet unless the other co-signor passed away and made that portion irrevocable. Since the question is specific to a co-signor, you also need to clarify if the other co-signor(s) is in... Read more »

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2 Answers | Asked in Real Estate Law for California on
Q: What would be the expected cost and time line to execute a partition by sale of real property?
Yelena Gurevich
Yelena Gurevich answered on Nov 16, 2020

i'm sure every lawyer here will say "it depends". It depends on the lawyer you hire and their fees. It depends on the number of parties involved. It depends on whether there will be objections/ oppositions to partition. It depends on how many hearings, depositions, or how much... Read more »

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3 Answers | Asked in Real Estate Law and Tax Law for California on
Q: Transfer home from grandma, to dad, to me without prop tax impact in CA?

Was planning on purchasing the home but wanted to figure this out first. Would it be possible for grandma to transfer deed to dad, then dad to me, all at the same time to avoid reassessment? Would I then be able to cash-out refi to pay grandma the amount I would have paid for the home?

The... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2020

You really need to hire a Real Property attorney in your local area to assist you with this because of the complexity of what you want to do and if you mess it up, it could cost you thousands in taxes on capital gains and increased property taxes going forward for years to come. You have too many... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for California on
Q: Passing home from grandma to son, and then to grandchild without property tax reassessment in CA.

Was going to purchase the home, but now considering whether this is possible:

Grandma transfers to my dad, who then immediately (same day) transfers to me, and then I do cash-out refinance to pay grandma the amount I was going to pay her in the first place.

Are there rules around... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2020

Yes, you are definitely missing, or not hearing the advice that you should not be trying to handle this yourself. You really need to hire a Real Property attorney in your local area to assist you with this because of the complexity of what you want to do and if you mess it up, it could cost you... Read more »

1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Landlord - Tenant for California on
Q: Will I win an eviction appeal?

I was renting a guest room that was attached to the house with its own entrance. I paid rent for three months. I stopped paying rent and the landlord served me with an unlawful detainer. I had LADBS inspect the room and the landlord got an order to comply with needing permits for the work added to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 14, 2020

Short answer: not likely. Appeals are based on the record, not new evidence. It sounds like you had yourself as your own attorney and did not seek legal counseling prior to trial, a big mistake. Then you went to trial unprepared to provide the evidence of your claims, you cannot prevail at trial... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: If a property owner sales the property he’s evicting you from before court findings it is claim still valid
Maurice Mandel II
Maurice Mandel II answered on Nov 13, 2020

As I understand your question, the owner filed a UD action against you and before the decision was made, sold the property. I assume the sale is complete, not just a listing or opening an escrow. If so, he is no longer the owner of the property and cannot evict you but his claim for any rent you... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can a landlord seek payment for damages discovered a few months after the security deposit was returned?

I was renting out a room in my condo but was stuck overseas when COVID happened. When the renter decided to leave, I asked her if there were any damages I should know of, and she said “no”. My dad had a look at the room (since I was away) and signed off so she could get her security deposit... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 13, 2020

You have a conflict with two areas of law. First, the LL's duty to provide a tenant with a security deposit, within 21 days, with an inspection and itemization of damages withheld. You did this, and a problem for you is that your "agent" -- Dad- failed to discovery the problems and... Read more »

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