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California Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for California on
Q: In California, can I transfer a property I own free and clear into a new LLC that I will own 100% of?

Would I be able to avoid paying a transfer tax or triggering a reappraisal of the property tax if done this way?

Bahram Madaen
Bahram Madaen answered on Jul 7, 2020

Any change of ownership will trigger the tax reassessment. the best way is to create a living trust and leave it there since a living trust doesn't change the nature os the ownership.

2 Answers | Asked in Real Estate Law for California on
Q: My wife parents died her and sister were suposte to sell and divide two property’s I live ln one her in other no will

Now my wife passed can her sister make me pay rent

Maurice Mandel II
Maurice Mandel II answered on Jul 6, 2020

The inheritance your wife was to receive now passed to her heirs. If you were legally married, that could be you.

Justia disclaimers below, incorporated herein.

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1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: house is in foreclosure, not interested in saving, releasing solar, how can I get out of the lease.

I’m in San Bernardino county

Kenneth H Flood
Kenneth H Flood answered on Jul 6, 2020

declare bankruptcy

1 Answer | Asked in Real Estate Law for California on
Q: Hi, I live in a condo. Last year I experienced a number of issues from water damage (leaking pipes) from my neighbors.

Multiple leaks were discovered, from multiple neighbors. Is each neighbor legally liable to reimburse me for the damage to my home, if the leak is determined to be exclusively their pipe (drain pipe), even though it runs through a shared/fire wall?

Maurice Mandel II
Maurice Mandel II answered on Jul 2, 2020

Yes, and sometimes the HOA is also responsible, for instance , if there were a fire sprinkler leak that damaged the wall. The real danger with these leaks is that the moisture becomes a place for mold to take hold, in a hidden area behind your wall, and the mold remediation could be very expensive.... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: What to do when sent a threatening letter based on inaccurate citing of code?

I just received a letter from our City Attorney regarding a city-owned vacant property I had a Right Of Entry to. It expired, COVID19 kicked in and I haven't been able to locate a new space. The cost for moving (heavy equipment etc) would be thousands of dollars and economic suicide for me to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Unlike a criminal complaint, a letter from a City Attorney does not have to accurately cite the section they are claiming applies. But the real answer, you already know, Lawyer up! A response from you will be unlikely to carry weight, and once the City sells your property for $0.05 on the dollar,... Read more »

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1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

2 Answers | Asked in Real Estate Law, Contracts and Estate Planning for California on
Q: I need to know what I can do tomorrow to stop this trustee from selling a house explicitly left to me. Is it in escrow?

There are three homes. Im staying in my mother's in ca. My wife lives and works in Arizona for 18 yrs. The other beneficiary is living in a condo. .Two weeks ago, the other recipient moved out. Im told by the trustee he needs to sell all homes. In the trust distribution, My mother gave me the... Read more »

Bahram Madaen
Bahram Madaen answered on Jun 27, 2020

The best way to stop him is to file a petition with the court and ask the court to remove him as a trustee.

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1 Answer | Asked in Contracts and Real Estate Law for California on
Q: I broke lease but he says hes keeping deposit even though I wasnt going to move in until July 20th. Can he do that?

Informed today my income would be decreased(covid). I signed a rental lease 5 days ago, June 20th ago to move in July 20th(the current tenant moves out July 18th). Im 7 months pregnant and I'm not going to risk moving to a more expensive place if I am unsure I can afford it. I informed the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 26, 2020

The LL is supposed to actively look for tenants. You should consider going to small claims and seeking full refund of your deposit. It appears you will come under some renter protection provisions of recent government ordinances imposed by the Governor's office. You can research these... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for California on
Q: How long can a seller or his attorney delay recording a case “failure to disclose” for mediation?

How long can a seller or his attorney delay recording a case “failure to disclose” for mediation, by asking every month discovery question to buyer for California residential purchase?

Thank you Maurice for answer.

In fact, mediation has not recorded yet. In other word, I am not... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 26, 2020

There is no answer to your question because there are not sufficient facts. Since you are in "mediation" you are apparently outside the provisions of the California Code of Civil Procedure that requires cases to go to trial within 5 years.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: what are our rights when it comes to landlords selling the house?

We are on a month to month lease. Our landlord is selling the house. We communicate directly through the real estate agent and not the landlord. She uses Facebook to communicate with us. She doesn't give us proper 24 hour notice and she's shows the house on the weekend. They force us to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 26, 2020

Many of your rights are set forth in the rental agreement, such as the amount of notice by the realtor showing the property. You should send written notice to your LL that the realtors are violating the rental agreement provision of advance notice by just showing up without advance notice.... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Question regarding 1947.12 (D)(5) of civil code. What does this mean exactly? I am currently renting a townhome.
Maurice Mandel II
Maurice Mandel II answered on Jun 26, 2020

This section is very complex. 1947.12 provides that rents cannot be increased "more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to... Read more »

2 Answers | Asked in Real Estate Law for California on
Q: Purchased a home 6 months ago, listing stated the HVAC was new, system recently broke and was not new

We recently found out from the city that the HVAC unit is not new (this was discovered after unit broke) seller installed unit with no permits or final inspection from city. We paid for an HVAC Air Conditioning company to come out and see what the problem was. Discovered unit was not up to code and... Read more »

Bahram Madaen
Bahram Madaen answered on Jun 26, 2020

Sure, you should get an estimate for a new unit, send a letter to him and ask him to pay. If he refuses, you should take him to small claims court.

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2 Answers | Asked in Real Estate Law and Tax Law for California on
Q: I sold my house back in April 2020 and now the title company is calling me saying I had a supplemental tax from 2015.

The house is not in my name anymore do I have to pay this tax and if so should the owner title insurance cover this. Also If I don't pay it what can they do?

Vincent Gallo
Vincent Gallo answered on Jun 24, 2020

They may end up paying it, but they will likely chase you for reimbursement if it proves to be your obligation that was due.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: My apartment complex has added clauses to the lease, locked exits, changed locks, denied parking.

The complex changed the front gate lock and refuses to give us keys. Imposed several new visiotr policies without following the proper protocol for changing or adding on to the lease. Added alarms to all exits denying us access in or out the building except thru security. Changed the locks on our... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 24, 2020

Very sorry to hear that your complex has done this. None of what you describe would comply with the proper exercise of rights by a LL unless you were in a very special living situation, such as a university dorm, or an assisted living home, both of which can impose curfews for access to the... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Small Claims for California on
Q: My grandparents willed their house to my mom and uncle. My mom quick claimed the house to my uncle, they were going to

Sell it. In the will no one was supposed to live in the house. It was to be sold. Now my uncle has cancer and my cousins are saying that my mom has no rights to the house. What can we do? They are being shady and greedy. I don't care about the money it's my mom's house also. They... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 24, 2020

Your mom has an uphill battle on her hands. After all, it appears for all intents and purposes that she gifted her share of the house to your uncle when she gave him the quitclaim deed. She probably did that without the advice of an attorney, because if it was her expectation that she receive... Read more »

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1 Answer | Asked in Real Estate Law for California on
Q: Are we in the wrong if our disclosed license contractor is not licensed in our house sale?

We had some remodelling done by a contractor introduced by our agent who said he is licensed. We got his license number, check against CA licensing site, and it’s valid. After the sale of the house, there was an issue. We gave the contractor contact to the buyer and seemed like the contractor... Read more »

Nathan Wirtschafter
Nathan Wirtschafter answered on Jun 23, 2020

In California providing contracting services without a license is a misdemeanor. See Bus. & Prof. Code § 7028(a). Plaintiff is entitled to a full refund of “all compensation” paid. See id. at § 7031(b). To “protect the public from incompetence and dishonesty” by contractors, the... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: Can my landlord evict me (california) because he's selling the house? This creates impossible financial situation for me
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 22, 2020

It depends where you live and whether you have rent control in your city. The short answer is they can sell the house but they have to observe the law. It may be possible that you could be entitled to a relocation fee. It all depends where you live. Talk to a local lawyer. Best of luck.

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1 Answer | Asked in Contracts and Real Estate Law for California on
Q: I signed the lease and moved in 6/10/20. There is mold in the kitchen cabinets. Who should remove it?

I Hired a cleaning crew to perform a move-in cleaning of my new rental (at the approval of the LL) It was not performed. The cleaning crew opened a kitchen cupboard and black mold covered the entire ceiling and entire back of 2

shelves. I contacted the LL. Response= I as the tenant... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 22, 2020

As a tenant you have the right to "repair and deduct" twice a year for any condition that the LL fails to remedy. The mold also goes to the rental value of the premises. You should hire a professional crew that handles mold treatment, because just wiping it away does not cure the... Read more »

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