California Real Estate Law Questions & Answers

Q: My Daughters name is on the deed to a house of her ex husband. Is she libel for anything in regards to that home?

2 Answers | Asked in Real Estate Law for California on
Answered on Apr 18, 2019
Vincent Gallo's answer
If the mortgage isn’t paid and the lender forecloses she could lose her interest in the house. Further, if someone is injured at the house and she is sued and loses she could have a judgment filed against her.

Q: I am joint owner with my nephew (age 54)of a family home. I want to sell, he doesn't. Can I gift him my half?

1 Answer | Asked in Contracts, Real Estate Law and Tax Law for California on
Answered on Apr 16, 2019
Bruce Alexander Minnick's answer
Yes, you can give your interest in the property to whomever you desire. However, you can also sue your nephew and probably force a sale that way. This might be the best way to sever ties with your nephew because the net amount of money received from the forced sale would then be divided equally between you and your nephew. Hire a lawyer.

Q: Is the employer responsible for employee's damages for his rental unit leased under company name without permission?

1 Answer | Asked in Contracts and Real Estate Law for California on
Answered on Apr 16, 2019
Bruce Alexander Minnick's answer
1. If a former employee falsified a lease without permission from the owners of the corporation the corporation may have a viable cause of action--if the unauthorized act caused actual damage to the corporation.

2. If your S corporation's bank accounts have been levied it must have been the result of a lawsuit against the S corporation; and if that is true then the corporation--not you--must have been served with the summons and complaint.

Q: A CA corp files inflated Mechanic's Lien on Owner. No 20 day notice or contract. Corp files dissolution. Lien dissolved?

1 Answer | Asked in Real Estate Law for California on
Answered on Apr 15, 2019
William Earl Winfield's answer
Not automatically, but you have a good defense. The lien will expire if no lawsuit is filed to foreclose.

Q: A week ago I have submitted offer on short sale in which it was accepted. Just recived addendum from seller stating that

1 Answer | Asked in Real Estate Law for California on
Answered on Apr 15, 2019
William Earl Winfield's answer
You may need the prior purchaser to sign off on the sale. That can be done in escrow.

Q: Cancelling a lease agreement.

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for California on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
FYI, this is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.

Q: Wat is IAEA powers & gettin bonded mean? I'm Admn.of estate and had previously asked how can i use money frm block acct?

1 Answer | Asked in Estate Planning, Real Estate Law, Banking and Probate for California on
Answered on Apr 13, 2019
John B. Palley's answer
Generally speaking only people who have not planned end up with a blocked account and without full IAEA authority. I typically see this done by pro pers and by lawyers who don't know what they are doing. There are other situations but that's a generalization by me.

IAEA means the Independent Administration of Estates Act. Without FULL IAEA authority you need to go back to court to confirm the sale of real estate. This is hugely problematic as you can lose buyers in the process. Full...

Q: how to change a name on the deed my grandpa diddt leave a will or a trusted on the property

2 Answers | Asked in Real Estate Law for California on
Answered on Apr 6, 2019
Gerald Barry Dorfman's answer
Without a will or trust, the property goes to your grandfather's "estate", which means it is divided among his lawful heirs. If you are the only heir (for example, no wife, or living children and you are the only grandchild), then it goes to you. In order to have it pass legally, if the entire estate is worth more than $150,000, it will have to go through probate. Probate requires a court proceeding. Any probate attorney can help you with this.

Q: Can the seller change his mind after the loan funded and recorded with county?

1 Answer | Asked in Contracts and Real Estate Law for California on
Answered on Apr 4, 2019
Bruce Alexander Minnick's answer
I am not a California lawyer, but IMPO unless the seller can come up with a much better excuse for trying to back out of a fully funded and recorded real estate transaction in which he must have received a bunch of money, the law will not allow him to use his doctor's excuse.

Q: Hello, What is the standard buyout amount to be paid to a family to leave their apartment? Thank you!

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for California on
Answered on Apr 3, 2019
Kenneth Sisco's answer
I have never heard of a "standard buyout," nor have I ever seen any kind of guideline. The concept is usually referred to as "cash for keys," and it is totally subjective. If you can get your tenants to move out in a relatively short time, and leave the premises "spotless," that is worth a lot of money to you, and will save you a lot of stress. You will save a lot of attorney fees, and you most likely get your property back on the market a lot quicker. As with almost any legal dispute,...

Q: How are property taxes reassessed if only half of the house is sold?

1 Answer | Asked in Tax Law, Estate Planning and Real Estate Law for California on
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
Although I do not practice in California, unless I miss my guess the taxing authorities will continue assessing taxes on the entire piece of property because they are only interested in collecting the taxes and do not care who owns it. You might want to engage the services of a real estate lawyer in the county where the property is.

Q: Tenant's family had an accident in the rental property. How can Landlord compensate without admitting Landlord's fault?

2 Answers | Asked in Personal Injury and Real Estate Law for California on
Answered on Apr 1, 2019
William John Light's answer
Settlement Agreements always contain a provision that settlement is not an admission of fault and that liability is disputed. Do not give anyone any money without a simultaneous signed Release of All Claims.

Q: Its hard to explain my issue.There's a deed recorded,I say its not legal. Its my house but How to exit probate court?...

1 Answer | Asked in Real Estate Law, Legal Malpractice and Probate for California on
Answered on Apr 1, 2019
Kenneth Sisco's answer
There are still far too many facts missing to provide a really definitive answer. But, ultimately, if not settled, a lawsuit will need to be filed to cancel the "bogus" deed and quiet title. A forged deed is not merely voidable, but it is absolutely void. If someone forged your name, and you can prove it, the deed WILL be cancelled, and the property will go back to the estate of which you were executor and sole heir, at which time you will need to transfer the property from the estate to...

Q: Me and my mom live together in an apartment. My dad never lived with us. He never married mom, he married someone else.

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Answered on Mar 31, 2019
Jeffrey Louis Gaffney's answer
That depends on whether or not your father had a Will or a Trust.

He is entitled to do whatever he wants to with his property upon his death, within the limits of his not giving away community property that belongs half to his wife.

The trick is how the property is deeded. Is it just in his name, or is his wife's name on it too? Is any of it registered as a Trust? Much of the property could belong to his widow but she has just never changed the deeds.

If he died...

Q: can i sue my realtor and the seller to pay for my roof leaking?

2 Answers | Asked in Real Estate Law for California on
Answered on Mar 30, 2019
Gerald Barry Dorfman's answer
Yes, based on what you have said here, you have a very strong case. Whether your matter belongs in court or arbitration may depend on your contract(s). Start contacting real estate litigators right away.

Q: how can an administrator get back rent from me when I have never had to paid rent for last 11yrs I have lived here.

1 Answer | Asked in Real Estate Law and Probate for California on
Answered on Mar 29, 2019
Bill Sweeney's answer
As a general rule when third parties are improperly occupying estate property, the Courts have allowed these persons to be charged monthly use and occupancy, which is like rent. It has been generally recognized that a person occupying estate premises will have to pay a monthly charge for failing to timely vacate.

Q: Can I sue my landlord for breach of contract emotion distress among other things as well. My landlord will not honor

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Answered on Mar 27, 2019
Manuel Alzamora Juarez's answer
Your landlord is a jerk and may be acting illegally. You have a right to have visitors in your apartment. If you rent a room in his house, that may be different. If he interferes with your BF visiting you, notify him that he is not staying overnight. See what he says about that, If he says he cannot come even for a visit, then he may be in violation of your Covenant of Quiet Enjoyment and you could sue him. Best of luck.

Q: I have a slumlord March 5th apt complex of 12 units was told by city of Sanger ca to evacuate due to electrical boxes in

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Mar 27, 2019
Manuel Alzamora Juarez's answer
The building owner is definitely in violation of the warranty of habitability and the tenants are entitled to damages. The facts are somewhat unclear but the City inspectors should be called to make a written report and the landlord should be put in notice to arrange for temporary lodging for the displaced families. Best of luck.

Q: In a California probate case, can Estate Admn. still sign/transfer a deed of title of house years after case is closed?

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on Mar 20, 2019
Richard Samuel Price's answer
I'm not fully understanding the facts, but was the sole heir to the estate a child that was the personal representative of the estate? If so, then who signed the grant deed?

Once an administrator is discharged, then the letters of administration are terminated and the administrator no longer has powers under the Independent Administration of Estates Act. In order to transfer a property by a deed, the probate matter would have to be reopened and then administered.

Call or email...

Q: How do I best give (or sell for a nominal amount) my house to one of my daughters?

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Elder Law for California on
Answered on Mar 19, 2019
Sally Bergman's answer
I recommend you talk with an Elder Law Attorney as you raise many important issues very specific to elder law.

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