California Real Estate Law Questions & Answers

Q: Water leak and damaged carpet found after closing

1 Answer | Asked in Divorce, Employment Law, Real Estate Law and Traffic Tickets for California on
Answered on May 27, 2017

You may be entitled to damages and attorney fees. This is worth a consultation with a real estate attorney. Bring all papers related to the sale.
View Details »

Q: My mother passed awayvand left my sister and i 2 homes .now my sister is selling the homes with out my permission.

2 Answers | Asked in Civil Litigation, Probate and Real Estate Law for California on
Answered on May 26, 2017

Probably not, but it depends on all the facts, and the way the properties were left. Did they pass by will or by trust? Was your sister appointed administrator or executrix of the estate? These are things you should discuss with a probate attorney..
View Details »

Q: I purchased a house and it was not disclosed that I was supplying power to a neighbor. I would like to be reimbursed.

3 Answers | Asked in Consumer Law, Small Claims and Real Estate Law for California on
Answered on May 25, 2017

You have potential grounds for lawsuits against the seller and your neighbor. While the amount may be within the limit for small claims court, there are reasons for and against filing there for this case. For example, there is no right to "discovery" in small claims, and you do not know all the facts you need for trial. Also, there may be potential punitive damages available for fraud. On the other hand, small claims is inexpensive if you will be representing yourself, and you may be able...
View Details »

Q: Can a realtor ask you to sign a contract stating you can only work with him and no other broker?

3 Answers | Asked in Contracts and Real Estate Law for California on
Answered on May 24, 2017

Yes. Nothing illegal about it. Reasonable too, if you think about how brokers get paid--based on results that may take much time and expense, but no compensation as you go along.
View Details »

Q: My apartment complex did not give me any notices regarding eviction and threatened to proceed with the eviction process

1 Answer | Asked in Real Estate Law, Small Claims and Landlord - Tenant for California on
Answered on May 24, 2017

If the landlord didn't follow proper eviction notification procedures, you may use that as a defense. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
View Details »

Q: hi,my question is this I am buying a property from parents,our relation went sour,I am secondary on property paperwork ,

1 Answer | Asked in Family Law and Real Estate Law for California on
Answered on May 24, 2017

What do you mean you're "secondary"? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
View Details »

Q: Breaking our lease by 1 month. We must pay the remaining month. Can we choose not to vacate despite giving 30 day notice

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on May 24, 2017

If you have a lease you have the right to stay until the lease end. If you choose to do that, you will want to notify the landlord immediately that you have decided to stay until lease end. If the landlord wants you to more early, then you can demand that you be relieved of the last month's rent.
View Details »

Q: 1 yr lease, month 10 he says he's selling @ end. Found new place, informed & moved month 11. Can he keep prepaid last?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on May 24, 2017

Technically, landlord has to make a reasonable effort to rent the property for the last month, but then if can't get tenant, you are on the hook. Keep in mind that, although the situation is certainly understandable, it is you who failed to comply with the lease term. It was your choice to leave early. Sorry to give you bad news.
View Details »

Q: 3 sisters were giving land by their parents. Can the 2 living sisters sell the land?

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for California on
Answered on May 24, 2017

Yes but who would buy 2/3 of a piece of property? ALL THREE would need to sell (unless of course the third one is the person buying!) ... This assumes the land was left without 'rights of survivorship' which is the most common sort of gift. In short, if your deceased sister's estate owns an interest, all her heirs (children, spouse etc.) would need to sign off on any sale as well as the two surviving sisters. If there WERE survivorship language, that might not be the case. Without seeing the...
View Details »

Q: I live in Tiburon,CA. I have a Driveway and Swimming Pool easement with my neighbor. I own the Swimming Pool.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for California on
Answered on May 24, 2017

1. Believe them, live with the conditions, have a nice summer. 2. If suggestion number 1 is not acceptable, have a consultation with a real estate attorney regarding possible options; and be prepared to spend some money for repairs.
View Details »

Q: I thought it was illegal to increase rent more than 10%.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on May 23, 2017

Very few jurisdictions have rent control. The only state-wide rules regarding rent increases have to do with how much advance notice must be given for an increase. If you are without heat or air conditioning, that may be an issue regarding habitability, and could affect how much rent you are responsible for while the conditions continue. If that is the case, you should consult a landlord tenant lawyer.
View Details »

Q: Can I assume my deceased mothers mortgage after paying my siblings an agreed upon price for her home?

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Answered on May 23, 2017

You may need to refinance the mortgage in your name after you acquire sole ownership of the home from your siblings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
View Details »

Q: What are my options with a jointly-owned inherited house when we're already in contract with a realtor?

1 Answer | Asked in Contracts, Family Law and Real Estate Law for California on
Answered on May 23, 2017

You may want to file for partition of the assets, though that might complicate a sale even further. Is he willing to buy out your share? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
View Details »

Q: Deed held as husband & wife,(no vesting) husband passed, can wife remove name without going through probate?

2 Answers | Asked in Probate and Real Estate Law for California on
Answered on May 22, 2017

Whenever a vesting is not specified, California law defaults to tenants in common. So the wife does not have the right of survivorship and must complete some type of probate proceeding to transfer the husband's half of the house to the wife. As the surviving spouse, the wife could file a simple spousal property petition if the house is community property. Call or email an attorney for a full consultation.
View Details »

Q: i bought half sharing from house owner which i'm renting it.

1 Answer | Asked in Foreclosure and Real Estate Law for California on
Answered on May 22, 2017

Banks typically must approve short sales. It depends on the terms of your agreement with the owner, and whether you recorded any sale of the home in your name. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
View Details »

Q: Can my landlord keep my deposit because of a sublessee?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Answered on May 22, 2017

I don't know what your subleases say, but in normal circumstances, you have a right, in most states, to sue them for unlawful detainer in the same manner that your landlord could sue you to evict you from the premises. This type of proceeding requires strict compliance with the applicable statutes, so I would recommend you speak to and hire an eviction attorney. Depending, again, on your subleases and whether you have an attorney fee clause in the sublease, you may have the right to get your...
View Details »

Q: What tax consequences occur when 3 people on title go to one?Parents want to transfer their ownership share to daughter.

1 Answer | Asked in Real Estate Law and Tax Law for California on
Answered on May 21, 2017

Parents may use the sale or gift concept and either way the daughter may be eligible for the property re-assessment exemption. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Estate Planning and Tax Attorney, CPA.
View Details »

Q: My wife and i are selling our home, but she's not on the title- do I need to add her to claim the joint exemption?

1 Answer | Asked in Tax Law and Real Estate Law for California on
Answered on May 21, 2017

Generally, if you meet the qualifications for the PR exclusion, her name doesn’t need to be on the title. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Estate Planning and Tax Attorney, CPA.
View Details »

Q: How can i gift property to a sibling without raising the property tax?

1 Answer | Asked in Tax Law, Family Law and Real Estate Law for California on
Answered on May 21, 2017

Generally, you cannot and the exemption is reserved for parent-child, etc, unless there a special clause in the parent’s estate plan with the right of first refusal to one child. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Estate Planning and Tax...
View Details »

Q: I have a new lease with new tenants moving in, in approximately 45 days, however, I am also selling the home.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for California on
Answered on May 17, 2017

Did you disclose this to your tenants? The new buyers would have to take over the lease with the tenants, typically. As for any eviction, it depends on the lease and the relevant laws in your city. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I...
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.