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California Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law, Consumer Law, Contracts and Business Law for California on
Q: Moreno Valley, CA. lien placed on self-storage unit for non- payment. set for auction. I HAVE THE PAYMENT RECEIPT.

June I paid my bill for my storage unit in August I received a notice that I was behind in my payments and payment was due the same day or penalties were going to be placed. it was a mistake when I went to pay my bill for August I was told that I did not pay my bill for June which I have the... View More

James L. Arrasmith
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answered on Dec 6, 2023

Under California law, if you have proof of payment for your self-storage unit and are facing unjustified liens and auction threats, you have rights that need to be protected. The key issue seems to be a dispute over payment records between you and the storage facility.

Firstly, it’s...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Landlord to Commercial won't hand over keys due to not being on Insurance policy.

I have signed a commercial lease for 5 years which should have started December 1st. I have gotten insurance for the property but didn't put the landlord on the insurance. The landlord is refusing to hand over the keys until they are added. I do not find this anywhere in the lease documents.

James L. Arrasmith
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answered on Dec 4, 2023

Under California law, it's important to review your commercial lease agreement carefully to determine the specific requirements regarding insurance coverage. While the lease may not explicitly state that the landlord must be named on the policy, it's essential to consider any implied... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: is my duplex in Santa clara California exempt from AB 1482?

duplex built 1952, tenants lived over 2 years there, bought last month, need to vacate to move family in and complete major repairs

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answered on Dec 4, 2023

In assessing whether your duplex in Santa Clara, California is exempt from AB 1482, several factors come into play. AB 1482, also known as the Tenant Protection Act of 2019, imposes rent control and eviction protections statewide. However, it provides exemptions for certain types of housing.... View More

Q: Is a signed mediation agreement reached during small claims court a legal binding contract?

The defendant owed the Plantiff for work done on a piece of property. She put the property up as collateral in mediation and said she would give it to the Plantiff if she defaulted. She made a payment towards the past due after signing and the mediation agreement was put into record for the... View More

James L. Arrasmith
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answered on Nov 30, 2023

Under California law, a mediation agreement reached during small claims court is generally considered a legally binding contract. When both parties sign a mediation agreement, they are agreeing to its terms and conditions, and it becomes enforceable.

In your situation, where the defendant...
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1 Answer | Asked in Real Estate Law for California on
Q: How can a grant deed on a residential house be rescinded if under coercion?

I was coerced by my domestic partner to add him onto the deed of my house that I inherited from my father. He tricked me and the papers were signed under duress.

James L. Arrasmith
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answered on Nov 30, 2023

Under California law, if you were coerced into adding someone to the deed of your house, you have grounds to challenge the validity of that deed. Coercion and duress are recognized as legitimate reasons to rescind a legal document like a grant deed.

To proceed, it's essential to gather...
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1 Answer | Asked in Real Estate Law for California on
Q: Is a real estate counter offer enforceable in CA if the original purchase agreement was not signed by seller?

I submitted an offer to buy a condo in CA. The seller failed to sign the original purchase agreement and contract to me or my agent, but did send a counter offer that we both agreed to. This went through 2 rounds, in which both counter offers were signed and agreed to by both parties. Is the offer... View More

James L. Arrasmith
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answered on Nov 29, 2023

In California real estate transactions, the enforceability of a counter offer in the absence of a signed original purchase agreement can be complex. Generally, a real estate contract, including a purchase agreement, becomes binding when both parties agree to the terms and signify this through their... View More

1 Answer | Asked in Real Estate Law and Civil Rights for California on
Q: How would if get information about my inheritance and property that was stolen from me. Along with my identification

My previous neighbor was an ex correctional officer and she's been working with people in the justice system to steal from me. She's not a relative. It's taking me a long time to get my justice because of this. The situation is currently under investigation due to this being a Rico... View More

James L. Arrasmith
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answered on Nov 29, 2023

In your situation, it's important to consult with an attorney experienced in estate and property law. They can help you understand your rights regarding inheritance and investigate any potential theft or fraud. Given the complexity of your case, especially with the involvement of someone... View More

1 Answer | Asked in Animal / Dog Law, Real Estate Law and Civil Rights for California on
Q: Hoa selective enforcement and service dog retaliation

Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and... View More

James L. Arrasmith
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answered on Nov 29, 2023

Hi there,

If you're facing discrimination from your HOA due to your service dog, there are several steps you can take. First, gather all evidence of the discrimination and selective enforcement, including the video you took, photographs of other residents' violations that were...
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1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: waiting for a reply from a mortgage Relief, is it ok not to pay for your mortgage, or can this bring foreclosure? TX:)
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answered on Nov 28, 2023

In California, not paying your mortgage can lead to foreclosure. This is because your mortgage agreement is a legal contract where you agree to make regular payments to your lender. If these payments aren't made, the lender has the right to start foreclosure proceedings to recover the amount... View More

1 Answer | Asked in Real Estate Law and Foreclosure for California on
Q: Would there be a foreclosure risk if we hold on to mortgage payments until we hear back from the mortgage relief
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answered on Nov 28, 2023

Under California law, holding off on mortgage payments while waiting for a response regarding mortgage relief can be risky. Foreclosure proceedings can be initiated by your lender if you miss payments, even if you have applied for mortgage relief. It's important to keep in mind that the... View More

2 Answers | Asked in Real Estate Law, Tax Law and Land Use & Zoning for California on
Q: I've got property in South Carolina and I'd like to know the value of it. I've been getting a few offers from around the

Country. Is there a (Free) state website I can go to and find out the REAL value of my property?

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answered on Nov 28, 2023

Assessing the value of property in South Carolina can be approached in several ways, although there's no specific state website that provides an exact "real value" for your property.

One option is to check the county assessor's website where your property is located in...
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Q: Judge's at your appellate hearing were already in the court room prior to your hearing discussing case they laugh at me.

When I arrived to my appellate hearing the Respondent And His Attorney were already in the court room discussing the case then the Respondent walked out and the Bailiff came and called the case upon entry the female judge laughed at me and stuck her tongue out the male judge called the case and... View More

James L. Arrasmith
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answered on Nov 27, 2023

In California, appellate courts are expected to maintain a high standard of professionalism and impartiality. If judges exhibited inappropriate behavior, such as laughing at a party or displaying a lack of respect, this could raise serious concerns about judicial misconduct and the fairness of the... View More

1 Answer | Asked in Real Estate Law for California on
Q: Over 55 HOA, majority voted to special assess 15K/owner, if owners don't pay - how are we who paid protected?

understand the lien/foreclosure process and it appears to be designed to protect owners who default on special assessments. What protects those who are following the rules - paying the Special Assessment, if the default owners causes underfunding so that our roofs cannot be redone.

what are... View More

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answered on Nov 26, 2023

In California, if you're part of an over-55 homeowners association (HOA) and are facing issues with a special assessment, your rights as a paying owner are governed by the HOA's governing documents and state law.

When some owners default on their special assessment payments, the...
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1 Answer | Asked in Real Estate Law for California on
Q: We purchased a home/ primary residence in June of this year. One of our neighbors former local PD shared that our home

had a Butane honey pot lab in it 2 renters ago. There was an incident that occurred which involved police, fire and the street being blocked off and one of the tenants skipped town. Should this have been disclosed to us prior to purchase and if so what recourse do we (Spouse and I) have?

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answered on Nov 25, 2023

Under California law, sellers are required to disclose to potential buyers any known material facts that could affect the value or desirability of the property. This includes a history of drug manufacturing on the property, as it can pose health hazards and potentially impact the property's... View More

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for California on
Q: Can someone give me advice about signing over part ownership of a property for the purpose of refinancing?

My mother passed away recently without a will. The property has a reverse mortgage balance. We were given two options either to sell the house or refinance. Her residence was in co-ownership. Per the deed, she left her portion to her heir which is myself. My Aunt is asking for the property to be... View More

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answered on Nov 24, 2023

In California, when inheriting property, it's crucial to understand your legal rights and options. Since the property was co-owned by your mother, and you are her heir, you have a rightful claim to her share. Before signing over any part of the property, it's highly advisable to consult... View More

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for California on
Q: Can someone give me advice about signing over part ownership of a property for the purpose of refinancing?

My mother passed away recently without a will. The property has a reverse mortgage balance. We were given two options either to sell the house or refinance. Her residence was in co-ownership. Per the deed, she left her portion to her heir which is myself. My Aunt is asking for the property to be... View More

Julie King
Julie King
answered on Nov 29, 2023

There are a number of legal issues here. First, no one can verbally give away rights to real estate. The law says that all transfers of real estate MUST be in writing and signed by the person who is giving up their rights to the property. So, any verbal statement your mother made about you... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for California on
Q: on a private road, that has a bridge, and is used by all, does one person have the right to tear out said bridge

Bridge is located in a subdivision and used by many residents. Every attempt to reconstruct and repair the bridge gets demolished by one person who also lives in same subdivision. Do we other residents have any legal recourse?

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answered on Nov 22, 2023

Under California law, if a private road and bridge in a subdivision are used by multiple residents, no single individual typically has the unilateral right to remove or damage the bridge. This is especially true if the bridge is considered a common area or is under a homeowners' association... View More

2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: On the day the company that bought my home came to take possession of my home my name was still on the deed

I went to the recorders office to get copies of the deed which still had my name on it

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answered on Nov 21, 2023

Based on the limited information provided, it seems there may have been an issue with the property title and transfer process when the company bought your home in California. A few key points:

- If your name was still on the deed when the company came to take possession, typically the sale...
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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: On the day the company that bought my home came to take possession of my home my name was still on the deed

I went to the recorders office to get copies of the deed which still had my name on it

Richard Winblad
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Richard Winblad
answered on Dec 20, 2023

I'm not licensed in California, so this information may be helpful when you visit with a California licensed attorney.

People often confuse the concept of car titles with property ownership. A car title is typically signed over to the purchaser. The same is not true with real estate....
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1 Answer | Asked in Real Estate Law and Probate for California on
Q: I'm trying to remove a court appointed receiver from my uncle's estate.

I was notified after 6 months of his passing. The court never notified me, and they appointed a receiver.

His property has 2 county code violations. I'm currently the administrator of his estate.

I'm capable of resolving the violations and having the home and property... View More

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answered on Nov 21, 2023

Under California law, to remove a court-appointed receiver from an estate, you, as the estate's administrator, must petition the court that appointed the receiver. This petition should demonstrate your ability to manage the estate's affairs, specifically addressing the resolution of the... View More

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