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California Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Contracts for California on
Q: Im 16 and looking to get into Real estate wholesaling. Can I enter a purchase and Sale agreement under my LLC entity?

I am aware that in order to sign and make the Purchase agreement official you do need to be 18. Although in Califronia a minor is allowed to create an LLC. In Regards to Real Estate Wholesaling, it is very common for people to use their LLC entity instead of their

Personal name.

Louis George Fazzi
Louis George Fazzi
answered on Feb 6, 2023

You cannot enter a binding contract until you attain the age of majority, i.e. 18 years of age. You cannot form an LLC under your own name as a minor. You must have an adult over the age of 18 assist you in forming a LLC, because a minor cannot enter into or enforce contracts. You lack the capacity... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Can a trust file a federal lawsuit in pro se
Louis George Fazzi
Louis George Fazzi
answered on Feb 5, 2023

The short answer is no. Only lawyers admitted to practice before that court can file a legal action on behalf of a trust.

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: Best way to obtain compensation over $50k from corp landlord that filed UD against me, cross complaint or Civil suit

Los Angeles Ca

Jury Trial set in the next 48 hours. Trying to figure out how to obtain compensation for slumlord that is trying to evict me for "non payment" even though they were over paid, and after I contacted the city and county?

Compensation in cross/counter claim... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 31, 2023

To me, I'd hire an attorney, with that much money at stake and super fast, since you are saying trial is in two days???

1 Answer | Asked in Real Estate Law for California on
Q: buyer/owner 'A' can hold the seller liable for non-disclosure. Can husband, owner 'B' do the same?

OWNER/BUYER 'A' can sue seller for non-disclosure, Can husband, owner 'B' sue the seller as well?

James A. Greer
James A. Greer
answered on Jan 31, 2023

Dear Failure to Disclose Claimants: You asked if "owner B" has a right to join a claim against a Seller for a claim of non-disclosure. The first part of the analysis is quite straightforward: was Owner B a co-purchaser ? more particularly did Owner B sign the Purchase Contract ? In... Read more »

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My father lives in California, n owns 4 acres in Antwerp, New York, He wants to Will it to me. Should he? Or a diff way?

Basically my father wants to leave the property he has in New York State to me in a Will, 4 acres, 2 to me and 2 acres to his stepson and Step Daughter. What I would like to know if it is best to Will it to us or if there is another way we should be handling it before he passes on? I and him live... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
answered on Jan 28, 2023

Most people will benefit from a Living Trust, coupled with a "pour over" Will (it pours your stuff over into the Trust -- I did NOT invent that name myself). A Trust allows you to plan your estate without it going through the Probate process after your death (even a modest estate without... Read more »

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My father lives in California, n owns 4 acres in Antwerp, New York, He wants to Will it to me. Should he? Or a diff way?

Basically my father wants to leave the property he has in New York State to me in a Will, 4 acres, 2 to me and 2 acres to his stepson and Step Daughter. What I would like to know if it is best to Will it to us or if there is another way we should be handling it before he passes on? I and him live... Read more »

Howard E. Kane
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Howard E. Kane
answered on Jan 29, 2023

Greetings Chico. I agree with the other attorneys' answers, however, I wanted to add that your father can execute and record a new deed adding you as a joint tenant with the right of survivorship. If you survive your father, then you will become the sole owner after recording a Affidavit of... Read more »

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1 Answer | Asked in Real Estate Law and Estate Planning for California on
Q: Parents left land to the three siblings . Brother was executor. He suddenly past away without transferring into my name

I was told taxes were paid out of family trust, I have resided on this property for 15 years . My brother and sister were suppose to be signing me as sole ownerbut My brother unexpectedly passed away and he never switched into my name. He told me the property taxes were all paid but I found out... Read more »

John Michael Frick
John Michael Frick
answered on Jan 27, 2023

If your brother died prior to closing the estate, whomever is named as the alternate executor in the Will needs to apply to be named as executor to handle whatever tasks remain to be completed.

If the family trust is obligated by the trust instrument to pay the taxes, you should approach...
Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Quick claim deed left to mom by her father and both have passed.but her brother lived in house until his death he paid

The taxes but never changed the deed dose he and his children now own the house.and if not what do her children do now

Julie King
Julie King
answered on Jan 21, 2023

There is an area of law called “squatter’s rights”, which allows people who continuously live by themselves in vacant property for a certain period of time to apply for ownership. Each state has different rules and requirements to gain ownership. It’s hard to tell if these laws apply to... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: recently signed a lease to rent a home. I am now dealing with this landlord that keeps asking for all of these fees.

recently signed a lease to rent a home. I am now dealing with this landlord that keeps asking for all of these fees. The fees were not stated on the lease and I have been finding out about them as I go. he First asked for a utilities fee and then a renters insurance and now he wants another payment... Read more »

Adam Stoddard
Adam Stoddard
answered on Jan 21, 2023

You should review the lease agreement thoroughly. If those fees are not started in the lease then the landlord has no grounds to make you pay them. Regarding your question about backing out of the lease and getting a refund, you should consult the lease as well because you may be in beach of... Read more »

4 Answers | Asked in Family Law, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: Defendant found math/fact errors in the Stipulation after Judge signed it.

The plaintiff made the stipulation to settle down something and the defendant signed on it. The defendant had the Judge signed on it 2 weeks later as well. Unfortunately, the defendant realized there were errors in the stipulation at the moment the Judge signed it.. The defendant didn't find... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

If defendant is represented by a lawyer then speak to the lawyer immediately----if no lawyer is involved, then I highly recommend that the defendant immediately contact a lawyer to discuss the specifics of this and determine how to proceed further. Any lawyer will need a copy of the document in... Read more »

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1 Answer | Asked in Real Estate Law and Probate for California on
Q: What can I do about property owned by my dad forced to give to mother and mother giving it to her daughter after passing

My father passed July 18 22 . I learned a couple months prior, that my controlling mother separated 40yrs made him change everything from my name to hers by telling him he would not have health coverage if she divorced him and he owed her. He told me this and she also told me it was not my business... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

You would have to first prove that his transfer to her was not voluntary (under undue influence, lack of capacity, or fraud) and it took place within the statute of limitations. The claim (if any) belongs to your father's estate and would have to be filed through probate court. Talk to your... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I am contacting you on behalf of concerned homeowners of the HOA located in Foster City, CA.

Recently we've been informed about unexpected emergency assessment of $9K per unit (total 364 units). The decision has been made by BOD without any prior discussions, notifications, etc. When we asked BOD to show any objective evidence (inspections reports) that requires emergency status for... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

The procedures for elections and removal of officers will be governed by your CC&Rs. An attorney can help you understand the procedures and guide you through the process including help with implementation.

1 Answer | Asked in Real Estate Law for California on
Q: if the owner of an easement is not diverting water from his property and washes out the road, what can neighbors do?

the road is becoming a hazard and emergency services can not access our properties

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

A review of more records will determine who is responsible for maintenance and for water diversion. Neighbors or landowners connected by agreements or easements may have a right to enforcement. Consult an attorney to send a demand and follow with suit including restraining order and injunction.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I'm a new renter and the water company will not let me open an account in my name because the previous tenants have an o

Outstanding bill. ? How can I get the water bill into my name

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

Talk to your landlord to get the prior bill paid.

1 Answer | Asked in Real Estate Law for California on
Q: If I sign a commercial lease, is there a window of time where it can be nullified in the state of CA without punishment?

I was told that there is a three day window. Is that true?

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

No. There is no cooling off period for rescinding a commercial lease. The three day rule applies in consumer contexts, for instance with home loans.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Small Claims for California on
Q: I was Renting a room from my friend He got mad At me locked me out kept all my stuff and sold it everything I had

This is stuff I acquired throughout a lifetime my my welder was Brad new never been used But I acquire the stuff throughout the years I don't have receipts for it anymore Also he kept my medicine even after I told him that I needed it and it was important can I still get compensated Even... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

If he locked you out, took your property and sold it all without your permission, a crime was likely committed. Talk to the police to file a report.

1 Answer | Asked in Foreclosure, Real Estate Law and Bankruptcy for California on
Q: My brother passed away in 2020; we were joint tenants on his house, I now own; Has his mortgage loan extinguished?

My brother purchased his home in 2002. He filed ch 7 bankruptcy; all debts discharged 7/8/11. On 12/14/09 he executed a Quitclaim Deed and made me a Joint Tenant with him on his house. I did NOT sign a reaffirmation agreement on his mortgage loan.

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

I assume the loan only had his name and was made prior to the bankruptcy. We would need to know how it was treated in the bankruptcy--even with a discharge, he may have re-affirmed the debt making his estate liable. Regardless, your title is subject to the lien--liens are not automatically... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: My daughter lives in Oakland with 3 other roommates.One if the roommates is seriously disturbed and causing problems

They bring strangers to the house and make a lot of noise.

They left a gate open which let one tenant;s service dog into their room and the dog ingested "magic" mushrooms which killed the dog.

They are saying that they are allowed 60 days before they leave. This person is... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

If the person is a danger to themselves or others, call the police and ask for a 5150 assessment. A restraining order cannot be used to evict an unrelated co-tenant. 60 days seems to refer to a notice to vacate, but currently evictions in Alameda County are only allowed in very limited... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Hi, Our HOA has been inactive with no elected officials for about 10 years.

No elections. Yet the management company continues to collect dues and never give owners financial reports. Repairs are either not done or it takes forever. HOA has been suspended by the FTB till now. Management company had been suspended for about 10 years then now becomes active again.... Read more »

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

Consult an attorney. HOA elections should be held and perhaps you want to run for office. Talk to other HOA members and get a sense of what the majority would like done. The new HOA board can hold the management company accountable, especially if they are acting without any true authority (might... Read more »

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