California Real Estate Law Questions & Answers

Q: Neighbors planted trees close to fence where my pool and cement sit. I went to court to prove civil code 3479 and lost.

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 20, 2017

If you have a basis for appeal (which I don't hear in your question), you could appeal if you do so in a timely fashion. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: I've been displaced from my home 3 months due to repairs that need to be made. What rights do I have? Home is unhabitabe

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 20, 2017

See: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

Has your landlord provided you alternative housing? Is your landlord doing his/her reasonable best to fix the problems? If not, this may be considered a breach of contract, especially given the length of time you've been displaced. 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,...
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Q: We are about to close on a house in CA and have released all contingencies but want out, can we get our deposit back?

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 20, 2017

Read the terms of your escrow agreement. What specific misrepresentations did the seller make? How material were they? Before you sign any waiver, consult with a lawyer. 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. I practice law in CA, NY, MA, and DC in the...
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Q: Spouse had a judgement placed on them from a civil case,they placed a lien on our house.will a quit claim work for sale?

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 20, 2017

The lien is attached to the property until the lien is released via payment. See: http://homeguides.sfgate.com/can-creditor-place-lien-house-awarded-ex-53344.html

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. I practice law in CA, NY, MA, and DC in the...
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Q: Should we settle or fight an imminent domain case?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Answered on Feb 20, 2017

Negotiate first, then fight, if the valuations are too low. Consult one or more experienced real estate lawyers with experience litigating eminent domain cases. They can advise about what to expect. Then you'll be better able to decide how to proceed. The contemnor rarely offers a real value on the first offer. If enough owners are successful challenging their valuations, it may get too expensive to do the project. Good luck.
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Q: I'm 1/2 owner of a house.the other owner passed.he has 2 kids. Can I sell house without them going through probate?

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Answered on Feb 18, 2017

Depends on how the house was owned. Check the Deed. Were you and he joint tenants with right of survivorship? Were you married to each other? Did he leave a valid Will? If you and he were neither married to each other nor joint tenants, then you were probably co-tenants, which means you would have to probate his estate, at which point his lineal heirs would become co-owners with you (unless his will left it to you). But this just guesswork. Take your deed any other relevant documents and go...
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Q: I thought I was all set with permits to build an addition to my house but my neighbors are blocking it.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Answered on Feb 18, 2017

You can file a response to your neighbors objections with the city or county where the objections are filed. The governmental administrator in charge of your case will review the matter and make a decision. You will be then given the opportunity to appeal or even file a complaint, if applicable. 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,...
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Q: My mom passed away she did not have a will my sister forge my moms name off the deed and put her name on it within week

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for California on
Answered on Feb 18, 2017

You can report forgery and elder abuse to the police. You can contact the County re: elder abuse as well to help your dad re: the allegedly fraudulently obtained POA. 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. I practice law in CA, NY, MA, and DC in the...
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Q: if a husband signed a quit claim deed when purchased couple of properties during the marriage because he was on bankrupt

1 Answer | Asked in Real Estate Law and Divorce for California on
Answered on Feb 18, 2017

See: http://www.courts.ca.gov/1039.htm

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. 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 does not...
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Q: Pre-existing damage to neighbor's drive-way by homeowners tree

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 18, 2017

New owners of a home become responsible for damage caused by their property to the property of neighbors, even if it occurred during the prior owner's ownership of the property. This type of liability potential should be built into the sale price, and as part of disclosures and/or due diligence it should be revealed and understood. The escrow and purchase agreement should address such disclosures and due diligence responsibilities. More details are necessary to provide a professional analysis...
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Q: What is the law in CA about pre-sales on new development? Can you put money down before it's completed?

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 18, 2017

See: http://bre.ca.gov/files/pdf/ResidentialSubdivisionsGuide.pdf It is a great guide from the State of CA.

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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: Am I responsible for water leak damage to condo unit below caused by previous owner of my condo unit?

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

The new owner of the unit will arguably legally take on the outstanding liability of the prior owner caused by the home's status. But the new owner may be able to sue the prior owner if the prior owner owed a contractual or statutory duty to disclose to the new owner the related defects, if he/she knew or should have known about them. 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...
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Q: A pipe in my apt broke & flooded my apt. Who is responsible for where we stay while it gets fixed & damages caused by it

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

The landlord may be liable to pay for such damages, assuming you're not the cause of the burst pipe. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: New law passed about seniors being able to keep their house w/o penalty, if they wanted to be eligble for IHSS? fresno

1 Answer | Asked in Elder Law and Real Estate Law for California on
Answered on Feb 17, 2017

See: http://www.cdss.ca.gov/agedblinddisabled/PG1296.htm

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. 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....
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Q: Is real estate wholesaling legal in California?

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 17, 2017

See: http://www.investopedia.com/ask/answers/100214/what-goal-real-estate-wholesaling.asp

Any real estate sales in CA obviously must abide by CA law, regardless of whether you're fixing up the property before selling it or not. It depends on exactly what you want to do. 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...
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Q: Theres a real estate law firm in southern ca asking 5k upfront-specialize in predatory lending litigation. Standard?

1 Answer | Asked in Real Estate Law and Foreclosure for California on
Answered on Feb 16, 2017

Be careful about dealing with firms charging low flat fees in predatory lending cases. You can look up the firm on the CA State Bar site to check their credentials. 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. I practice law in CA, NY, MA, and DC in the following...
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Q: what are our rights as the "buyer" in a rent to own situation when it comes to home owners insurance?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Feb 16, 2017

Your contract with the owner should clarify this question. Read it with a lawyer. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: If I own my residential property and Comcast was on my property illegally running equipment from what's my rights

1 Answer | Asked in Small Claims, Real Estate Law and Consumer Law for California on
Answered on Feb 16, 2017

Do they have an easement to do this? If not, they may be in violation of trespassing on your property rights, and you may have to issue a cease and desist letter. 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. I practice law in CA, NY, MA, and DC in the following...
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Q: Neighbor waters and has damaged my stucco fence also rotted the fence post. He does not want to cooperate what are my

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 16, 2017

You might be able to sue for trespass and related damage if the water flowing onto your property is unreasonable and unnatural. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Do I still pay my mortgage while I'm trying to renegotiate it?

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 16, 2017

Often banks will need to see 3 months of non-payment before considering a modification application, but if you fail to pay your mortgage you risk a foreclosure. See: http://www.dca.ca.gov/about_dca/contact/nj_foreclosure.shtml

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...
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