California Real Estate Law Questions & Answers

Q: What is my next step in getting expenses paid? What are they responsible for?

1 Answer | Asked in Real Estate Law for California on Aug 29, 2015

Answered on Aug 31, 2015

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Richard Samuel Price's answer
Write a demand letter of the amount of money that you are owed and the reason why you are owed it. If they don\'t pay, then file a small claims case.

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Q: I live in a mobile home park that is currently under rent control. Is a long term 5 year lease with the owner better?

1 Answer | Asked in Real Estate Law for California on Aug 31, 2015

Answered on Aug 31, 2015

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Richard Samuel Price's answer
It would be cheaper with rent control for you. In the last six months, CPI has been between negative 0.1% and 0.3%.

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Q: Hello I just bought a house at auction and it is occupied what is the best approach to get them out ?

1 Answer | Asked in Real Estate Law for California on Aug 29, 2015

Answered on Aug 30, 2015

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Andy Chen's answer
You should ask a lawyer in Arkansas. In general, the most common ways are to pay them to leave or to evict them. The latter needs to be done under Arkansas law, hence why I think you should ask a lawyer in Arkansas.

If there are additional factors (e.g. Section 8, rent control, etc) then getting rid of them can be more complex, but you really should be asking a lawyer in Arkansas.

Andy

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Q: How long do you have to file a notarized quit claim deed in California?

1 Answer | Asked in Real Estate Law for California on Aug 26, 2015

Answered on Aug 27, 2015

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Richard Samuel Price's answer
You said that your father left his house in your name, did he have a will or a trust? How was the house left in your name? You may have to have a probate proceeding to determine your interest in the property.

The quitclaim deed does not have to be recorded for it to be valid. In the probate proceeding, you can present the quitclaim deed to rebut any interest that your father\'s sister had in the house.

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Q: Can a Timeshare be liquidated if the Timeshare company neglected to record the deed?

1 Answer | Asked in Real Estate Law for California on Aug 25, 2015

Answered on Aug 25, 2015

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Richard Samuel Price's answer
Recording of the deed is not required to transfer the interest in the timeshare to you. I\'m sorry, but there is no \"liquidation\" of the timeshare.

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Q: All vacant lots share the same frontage (sq Ft) but 1 lot has more depth does this lower the sq ft unit value?

1 Answer | Asked in Real Estate Law for California on Jun 16, 2015

Answered on Aug 23, 2015

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Richard Samuel Price's answer
I think that you are asking if the price per sq. ft. is less or more for a larger lot with the same street frontage? That is a question best asked of a real estate appraiser. This isn't a legal question.

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Q: What are my rights as a tenant for personal property outside my house for rent?

1 Answer | Asked in Real Estate Law for California on Jun 24, 2015

Answered on Aug 23, 2015

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Richard Samuel Price's answer
I'm sorry, but I'm unsure of what you are asking. As a tenant, you possess the premises and the area around the premises unless they are common areas with other tenants.

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Q: I own a condo unit in a 30 unit developement Incline Village, Nevada. 5 units are vacation rentals. CCR's prohibit

1 Answer | Asked in Real Estate Law for California on Aug 17, 2015

Answered on Aug 23, 2015

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Richard Samuel Price's answer
While Nevada law will control this issue since the properties are in Nevada, the board of directors probably has the authority subject to the bylaws to restrict the use of the vacation rentals.

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Q: Is my agent violating conditions of our residential listing agreement?

1 Answer | Asked in Real Estate Law for California on Jul 29, 2015

Answered on Aug 23, 2015

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Richard Samuel Price's answer
The best solution is to have an honest talk with your real estate agent. Ask when the listing began and when it will expire. These are simple questions with simple answers. There may not be any wrongdoing on your agent's part.

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Q: Whats main differnce between ways of holding title - "Joint Tenancy" and "Community property with "Rights of Survivorshi

1 Answer | Asked in Real Estate Law for California on Aug 11, 2015

Answered on Aug 23, 2015

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Richard Samuel Price's answer
There are a lot of differences that are difficult to fully set out here. I can point you to a resource from First American Title Company: http://www.firstam.com/assets/title/ca/multi-cultural-educational-materials/vesting-taking-title-in-ca-english.pdf

You can further discuss with a title officer, or you can call an attorney to discuss your specific needs.

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Q: Do I need to pay gift taxes transferring ownership to the other joint tenant who paid for the property?

1 Answer | Asked in Real Estate Law for California on Aug 7, 2015

Answered on Aug 23, 2015

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Richard Samuel Price's answer
Did you claim the home on your tax return? The lifetime exclusion is currently $5.35M on gift and estate taxes. Unless this is a very extravagant home, you won't have to pay gift taxes, but you may have to file a gift tax return. Tax basis on a gift is the transferred basis from the donor.

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Q: Deed of Trust Question. In a real estate partnership, what factors would cause DT to come into play?

1 Answer | Asked in Real Estate Law for California on Aug 10, 2015

Answered on Aug 23, 2015

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Richard Samuel Price's answer
I don't know what "come into play" means. If the mortgage payments are current, the covenants of the deed of trust are in compliance, and the note is not due, then there shouldn't be any issues with the note and deed of trust.

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Q: Can I extend, or cancel, escrow on my home I'm selling due to a family health emergency?

1 Answer | Asked in Real Estate Law for California on Aug 11, 2015

Answered on Aug 23, 2015

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Richard Samuel Price's answer
While there isn't a clause allowing a seller to extend or cancel an escrow (for any reason), since sellers are generally obligated to complete the sale of the property, you can negotiate with the buyer for an extension of the escrow. You can work with your real estate agent on this.

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Q: We were supposed to close on our new house today. We sold our home this morning. FHA LOAN. We signed a no harm agreement

1 Answer | Asked in Real Estate Law for California on Aug 14, 2015

Answered on Aug 23, 2015

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Richard Samuel Price's answer
If you have a claim that is under $10,000, you can sue in small claims court for your actual damages (cost to fix the water leak) and consequential damages (staying in a hotel while the water leak is fixed). First step would be to try to negotiate a solution. Second step would be to write a demand letter. Third step would be to file a petition with small claims court.

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Q: Short sale home purchased 5 yrs ago. Turns out part of garage & RV pad on the neighboring water utility land. Rights?

1 Answer | Asked in Real Estate Law for California on Aug 14, 2015

Answered on Aug 23, 2015

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Richard Samuel Price's answer
The process to determine your rights and obligations begins with hiring a licensed surveyor to conduct a boundary survey to determine the boundary lines of your property. After determining the location of the structures, then you can negotiate with your neighbors or the water utility company about your rights and obligations. You may have to initiate legal action to enforce your rights.

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Q: Do liens transfer to new owners after REO foreclosure?

1 Answer | Asked in Real Estate Law for California on Aug 19, 2015

Answered on Aug 23, 2015

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Richard Samuel Price's answer
The buyer should not be responsible for paying off the lien. The lien should be paid off by the seller as a part of the purchase of the property. The escrow company will pay this off and you can verify that with the title company when you get an owner's title insurance policy.

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Q: Buyer recourse on Rat infestation after COE? Seller provided clear Pest report during escrow

1 Answer | Asked in Real Estate Law for California on Aug 7, 2015

Answered on Aug 23, 2015

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Richard Samuel Price's answer
You've got a case that depends on what the purchase agreement and disclosures say and what the pest inspection report says. Maybe you have a case, and maybe you don't.

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Q: Bought a lot in Hayward, CA and seller did not disclose special building height restriction. Can I claim damages?

1 Answer | Asked in Real Estate Law for California on Aug 14, 2015

Answered on Aug 23, 2015

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Richard Samuel Price's answer
If this information was available to you, or you could have discovered the information with a trip down to the building and safety department, then you probably cannot sue the seller for damages. Sellers are required to disclose material defects in the property that are known to the seller, but they are not required to research the property for you. As a solution, you can apply to the city for a variance from the height restrictions.

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Q: Is transferring a home between parent and child exempt from the due-on-sale clause if it has 5 rooms, but is a duplex?

1 Answer | Asked in Real Estate Law for California on Aug 16, 2015

Answered on Aug 23, 2015

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Richard Samuel Price's answer
No, the transfer from a parent to a child is not exempt from the due-on-sale clause in the deed of trust. Depending on the reasons for this transfer, your mother can still make this transfer by transfering title to both of you as joint tenants. This may have gift tax consequences. Or, your mother can transfer the property to a trust where she is the beneficiary and you are the heir. There is an exemption from reassessment between parent and child for property tax purposes, but it is limited...

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