California Real Estate Law Questions & Answers

Q: I am a realtor and have my sellers home in escrow with the tenant as the buyer. The seller received a letter in the mail

1 Answer | Asked in Real Estate Law for California on
Answered on Apr 28, 2016

The seller must disclose this issue, but the buyer seems already aware of it, and the seller has the option to not do the work and credit the buyer with the costs or do the work or tell the buyer to take it or leave it.
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Q: How do we cheaply transfer title on a home purchased in someone else's name,I paid the mortgage co. for it entirely

1 Answer | Asked in Real Estate Law for California on
Answered on Apr 28, 2016

It's not cheap to transfer title to a home and you're not going to be able to transfer title to a property without incurring a tax liability. Bring your purchase documents to a title company or escrow company to complete the transaction.
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Q: Do California Powers of Attorney have to be notarized if real estate is involved (purchasing and/or selling property)?

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Answered on Apr 28, 2016

Yes, a power of attorney must be notorized (acknowledged before a notary public).
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Q: Previous owner had a lease to rent washer & dryer. Comp says lease stays with property. Can I get rid of machines/lease?

1 Answer | Asked in Real Estate Law for California on
Answered on Apr 27, 2016

You are not obligated on the lease unless you assumed the lease. Notify the previous owner to come get their washer and dryer.
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Q: My nieghbor who shares a common wall with me it being a duplex, started a fire in his garage that shares common wall.

1 Answer | Asked in Personal Injury and Real Estate Law for California on
Answered on Apr 26, 2016

You should first make a claim against your landlord or the other tenant's insurance. If you are denied coverage, then you will have to sue for negligence.
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Q: If a person is named executor and another is an alternate. Can the first executor give away the deed

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Answered on Apr 26, 2016

Four years isn't long enough to claim adverse possession. An executor with letters issued from a probate court would have authority to sell or distribute the property with notice to the beneficiaries.
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Q: Again, thankyou for you response. How long do i have to come up with the money? I have made an appointment with the l

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for California on
Answered on Apr 25, 2016

An attorney will start a probate action without getting paid upfront, but the attorney doesn't get paid until the end of the probate action, usually six to twelve months after the probate action is filed. However, most attorneys request that the client advance the costs of the probate action, usually around $1,500 upfront. Email or call a probate attorney for a full consultation.
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Q: Do we have to sign a 5arm loan from our broker? We want a 30 year fix, and he says no, we have to do this for 6 months?

1 Answer | Asked in Broker Fraud and Real Estate Law for California on
Answered on Apr 24, 2016

Best thing to do is discuss this with your agent's broker and with the loan officer. This may be the only way to purchase the home, but it may also be a way to get more business out of you. Remember, that you don't have to buy the house if you still have a loan contingency on the purchase.
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Q: Property mgnt selling house. Gave us a verbal to stay until homes sells. Do we get a 60day written when it sells?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Answered on Apr 24, 2016

You can ask for a walk-through with the property manager for the purpose of verifying any repairs that need to be made prior to moving out. That way, you can fix any problems and get your full security deposit back.
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Q: I am the administrator of the estate of my brother who passed away, me and my other brother, are tenants in common, we

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Answered on Apr 24, 2016

If the probate action is still pending, then you should have an objection to the sale of the property or a petition filed with the probate court. If you don't have a probate attorney, you should get one. This is becoming too complicated for you to do on your own.
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Q: can a court appointed administrator of an estate that is tenants in common 50 % each except a offer with one signature.

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Answered on Apr 24, 2016

If the estate's ownership of the real estate is only 50%, then the estate cannot sell the whole property without the consent of the other owner. Really, a 50% ownership interest is unmarketable because so few people would be willing to share ownership of the property.
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Q: I am the administrator of a tenants in common, with my brother, names on title are me and him, He and his POA, are now

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Answered on Apr 24, 2016

It's difficult to understand your question because the terms that you're using are incorrect. I understand you to be a co-owner of property as tenants in common with your brother. You want to sell the property and he doesn't? Or does he dispute that you each own 50%? You are going to need an attorney to help you sort this out.
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Q: Thank you for your response . The estate does not have the cash and neither does my sister and i to pay the probate.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on
Answered on Apr 24, 2016

It's the estate that owes the costs of probate. It's possible to get a loan against the home to pay for the probate action and any other creditors of the estate. Otherwise, you'll have to sell assets to pay for the probate costs and any other creditors of the estate. You'll want to get this started sooner rather than later.
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Q: Do I need permit or license to rent out apartment built in my house? I own my home.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Answered on Apr 23, 2016

Yes, you should be able to rent out a properly permitted apartment. Check with your city for licensing requirements.
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Q: I live in Placer County, California. If a lien is put on my house, how long is the duration of the lien???

1 Answer | Asked in Collections and Real Estate Law for California on
Answered on Apr 23, 2016

I assume that you mean an abstract of judgment, which has a 10 year duration that can be extended in definitely. So the answer is that a lien will be against your house until you pay it off.
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Q: My mom died 4-9-2016. She left a will stating that all is to be divided equally between my sister and i.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for California on
Answered on Apr 23, 2016

I'm sorry to hear of your loss. If the home was in your mother's name, then the only way to pass the property is through a probate action. If the only asset is the $700,000 townhouse, then the attorney's fees are set by statute at $17,000 and add on another $1,500 to $2,000 for court costs, publication, appraiser, etc. These fees are paid out of the estate, or if the estate doesn't have any cash, then the heirs can pay the fees.
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Q: My mom intended to leave me her house and started the paper but was not noterized. Can I still get the house. No estate

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on Apr 22, 2016

If your mother has passed away while owning a house, then the only way to transfer the house is some kind of probate action. Contact an attorney to assist you with this matter.
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Q: what can be done if a nieghbor has illegal grading and retaining walls

1 Answer | Asked in Real Estate Law for California on
Answered on Apr 21, 2016

You can first complain to your local code enforcement agency about the unpermitted work. That should get the best result for correcting the work, or getting a permit for work that has already been done.
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Q: My father needed my sister to help secure a home mortgage. After 20 years, can he now removed her name from the deed?

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Answered on Apr 21, 2016

If they are joint tenants with the right of survivorship, then she will get the house if he passes first. The only way to remove her name from title is a quiet title action or partition action.
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Q: My landlord of fifteen years, needs to sell, so he gave me a 60 day notice. I can't pay rent and get a new place too!!

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Answered on Apr 21, 2016

You're going to have to move. There are very few defenses to an unlawful detainer based on a 60 day notice. It'll be even harder for you to move if you have an eviction on your record.
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