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California Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for California on
Q: In California Real Estate, Seller sent a counter offer signing original RPA without checking Counter offer checkbox.

In California Real Estate, Seller sent a counter offer along with signing CAR RPA without checking Counter offer checkbox in section 33(A) i.e. ACCEPTANCE OF OFFER section. Both RPA and Counter offer are attached in the same email. Since the CHECKBOX "Seller Counter Offer (C.A.R. Form SCO or... View More

James L. Arrasmith
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answered on Dec 14, 2023

In California real estate transactions, the details of how an offer and counteroffer are communicated can be critical in determining the binding nature of an agreement. If the seller sent a counteroffer along with the signed California Association of Realtors (CAR) Residential Purchase Agreement... View More

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for California on
Q: How do you get a termination letter for " independent solar energy producer contract" when the company is not in busines

we never went active with the solar provider, instead had them remove the solar system off the house. Had to pay to remove the lien on the property.. now selling the house and the independent solar energy producer contract is hold up the title process.

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answered on Dec 13, 2023

If you need a termination letter for an independent solar energy producer contract and the company is no longer in business, the situation can be a bit complex. First, it's crucial to gather all documentation related to the contract and the removal of the solar system, including any... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Gov & Administrative Law and Probate for California on
Q: Can a remainderman sign a correction affidavit of death of life tenant if someone else signed the orig. Affidavit?

The original Affidavit of Death of A Life Tenant (ADLT) with a wrong legal description of a house was signed and recorded by the Life Tenant's daughter in Santa Clara County, California. Can a remainderman named in the Life Estate referenced in the ADLT sign the Correction ADLT with a correct... View More

James L. Arrasmith
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answered on Dec 13, 2023

Yes, in California, a remainderman named in the Life Estate can sign a Correction Affidavit of Death of a Life Tenant (ADLT) even if they were not the one who signed the original affidavit. If the original ADLT contains an incorrect legal description of the property, it is important to correct this... View More

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Can a Correction Affidavit of Death of A Life Tenant be signed by a remainderman who did not sign the orig. Affidavit?

The original Affidavit was signed by the decedent's daughter, who is not a remainderman of the Life Estate in question. The orig. Affidavit has a wrong legal description, which the Correction Affidavit will serve to rectify.

James L. Arrasmith
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answered on Dec 13, 2023

In California, a Correction Affidavit of Death of a Life Tenant can indeed be signed by a remainderman, even if they did not sign the original affidavit. This is particularly relevant if the original affidavit contained an error, such as a wrong legal description, that needs rectification.... View More

2 Answers | Asked in Divorce, Real Estate Law, International Law and Family Law for California on
Q: My ex-husband and I are Taiwanese citizens with a property in the United States. He is refusing to sign over the house.

My ex-husband and I are Taiwanese citizens with a property in the United States. He is refusing to sign over the house.

The Taiwanese court has already granted me the property in the US, and said that he needs to sign the property over in the US embassy in Taiwan, in person. He is... View More

James L. Arrasmith
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answered on Dec 11, 2023

If a Taiwanese court has granted you ownership of a property in the United States and your ex-husband is refusing to comply with the order, there are several steps you can take.

First, you should consult with an attorney experienced in international family law and property disputes. They...
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1 Answer | Asked in Real Estate Law for California on
Q: I need help with adverse possession the owner of the property passed and now the neighbor is claiming to be the owner

As of two weeks ago he's taken it upon himself to claim ownership and has demolished the property and is telling me to leave I just found out that he's not the owner and Has no proof of ownership the owner has passed away can he have me removed how can I claim ownership

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answered on Dec 10, 2023

In California, the concept of adverse possession allows someone to claim ownership of a property if they meet certain criteria. However, it's a complex legal process. To claim adverse possession, you typically must have occupied the property openly and notoriously, exclusively, continuously,... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for California on
Q: Should I sue the HOA or the tow company? is it helpful to send a demand letter to both? Should I report crimes alleged?

I believe my vehicle was illegally towed from a condo complex. I cannot find any Fresno Municiple Code covering my situation, so I am relying on VEH 22658. §22658(f) indemnifies the tow-operator that is compliant with §22658(l), but I allege that he is in violation of §22658(l)(1)(A),(B) and (C)... View More

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answered on Dec 10, 2023

In your situation, considering a lawsuit against both the HOA and the tow company might be appropriate. The HOA could be held responsible if they improperly authorized the tow or failed to follow procedures outlined in California Vehicle Code §22658. On the other hand, the tow company may be... View More

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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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

Leon Bayer
Leon Bayer
answered on Dec 7, 2023

Problems like this really can't be solved without significant homework. It is urgently necessary to put together copies of all your receipts and then see if it all adds up to the number of payments, (plus any late fees) that should have been paid going back to the beginning of the contract.... View More

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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.

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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

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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.

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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

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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

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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

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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

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