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California Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Construction Law for California on
Q: What can I do about a contractor's unsatisfactory repair work?

My house was caught on fire back in February 2022. During the time we were displaced and were renting a home paid for by my home insurance, our contractor stated that they hadn't begun work yet pending permit approval etc. In April 2023 when my insurance displacement funding ran out,... View More

James L. Arrasmith
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answered on May 15, 2024

Under California law, you have several options to address unsatisfactory repair work by a contractor:

1. Contact the contractor: First, try to resolve the issue directly with the contractor. Provide a detailed list of the problems and request that they fix the issues under warranty. Keep...
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1 Answer | Asked in Real Estate Law for California on
Q: Our HOA has 56 homes but five of these homes it’s not located on the special entrance streets with monuments with flower

We are part of a HOA in Westlake Village, 91362

The HOA has 56 homes but five of these homes it’s not on the private streets entrance as the other 51 homes.

Our HOA board has set up a election to vote on a special assessment of 280,000 to beautify six main monument entrance to the... View More

James L. Arrasmith
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answered on May 14, 2024

Under California law, if the special assessment is being levied for a purpose that is not necessary for the maintenance, repair, or safety of the common areas, and does not benefit all homeowners equally, you may have grounds to challenge the assessment. Here are some steps you can consider:... View More

2 Answers | Asked in Real Estate Law for California on
Q: Mom,74 needs a loan against an OWNED prop& I will be co-app. I need to be on deed ,how do i do that w/o paying alot of $

She owns 1 prop & wants to buy lot next door. She needs me to be on said loan because I have a job. Im told i need to be on deed ,which is okay( we live together & pay things together anyway ). I just dont want to need a 2nd loan to cover the costs of altering the deed. Riverside co. Perris,CA

Delaram Keshvarian
Delaram Keshvarian
answered on May 10, 2024

Thank you for your question!

1. For your mother to get the mortgage under your name, there is no need to add your name to the deed.

2. If you prefer to add your name to the deed, then there are necessary elements for the conveyance of a deed to be valid:

1. A sufficient...
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2 Answers | Asked in Real Estate Law for California on
Q: Mom,74 needs a loan against an OWNED prop& I will be co-app. I need to be on deed ,how do i do that w/o paying alot of $

She owns 1 prop & wants to buy lot next door. She needs me to be on said loan because I have a job. Im told i need to be on deed ,which is okay( we live together & pay things together anyway ). I just dont want to need a 2nd loan to cover the costs of altering the deed. Riverside co. Perris,CA

James L. Arrasmith
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answered on May 11, 2024

To add your name to the deed without incurring significant costs, you can consider the following options:

1. Quitclaim Deed: Your mother can execute a quitclaim deed to add you to the title. This is a relatively simple and inexpensive process that transfers her interest in the property to...
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3 Answers | Asked in Real Estate Law for California on
Q: I signed a mutual cancellation agreement May 1. May 2nd their lawyer records a Pendency of Action. Is this breach of cnt

I sold my home to a cash buyer (quick sale) and 5 days before escrow was to close they called and said they wanted to lower the price by $40k. I said, "NO"..

I was served with a breach of contract lawsuit. We finally sign a mutual cancellation of agreement on May 1. On May... View More

James Clifton
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James Clifton
answered on May 10, 2024

It depends on the terms of the Mutual Termination of Agreement. If that agreement waives all rights for either party to pursue the other party for breach of contract, then a Pendency of Action should not have been filed. Ideally, the buyer's attorney will release the Pendency of Action and... View More

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3 Answers | Asked in Real Estate Law for California on
Q: I signed a mutual cancellation agreement May 1. May 2nd their lawyer records a Pendency of Action. Is this breach of cnt

I sold my home to a cash buyer (quick sale) and 5 days before escrow was to close they called and said they wanted to lower the price by $40k. I said, "NO"..

I was served with a breach of contract lawsuit. We finally sign a mutual cancellation of agreement on May 1. On May... View More

James L. Arrasmith
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answered on May 10, 2024

Based on the information provided, it seems that recording a Pendency of Action (also known as a Lis Pendens) after signing a mutual cancellation agreement could be considered a breach of the agreement. However, the specific terms of the mutual cancellation agreement would need to be reviewed to... View More

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3 Answers | Asked in Real Estate Law for California on
Q: I signed a mutual cancellation agreement May 1. May 2nd their lawyer records a Pendency of Action. Is this breach of cnt

I sold my home to a cash buyer (quick sale) and 5 days before escrow was to close they called and said they wanted to lower the price by $40k. I said, "NO"..

I was served with a breach of contract lawsuit. We finally sign a mutual cancellation of agreement on May 1. On May... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 10, 2024

Thank you for your question!

1. Counterclaim or demurrer

You don't have to file a separate lawsuit for"Beach of contact." You can file a counterclaim for "Beach of contact settlement agreement" if you have settled all claims.

You can at the same...
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2 Answers | Asked in Contracts, Real Estate Law and Civil Rights for California on
Q: How do I sue to force an action?

I'm a member in good standing in a non CID HOA. The HOA is ignoring my request for information and documentation I'm entitled to. How can I sue to force action?

James L. Arrasmith
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answered on May 10, 2024

In California, if you are a member of a homeowners' association (HOA) and the HOA is not providing the information and documentation you are legally entitled to, you can file a lawsuit to compel the HOA to fulfill its obligations. Here are the steps to consider:

1. Send a formal...
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2 Answers | Asked in Contracts, Real Estate Law and Civil Rights for California on
Q: How do I sue to force an action?

I'm a member in good standing in a non CID HOA. The HOA is ignoring my request for information and documentation I'm entitled to. How can I sue to force action?

Delaram Keshvarian
Delaram Keshvarian
answered on May 11, 2024

Thank you for your question!

1. Only some authorized members of the association are allowed to demand to inspect or receive a copy of the membership list, books, records, or minutes.

When the authorized member makes a demand to inspect or receive a copy of the community...
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1 Answer | Asked in Real Estate Law for California on
Q: I belong to an HOA that has 56 homes, but five of these homes are located over the hill in the total different community

The main road that leads to my home and the other 4 homes on my HA has a totally different entrance from the rest of my HOA neighborhood community. Actually our main entrance belongs to a different HOA where other 500 homes are part of.

The dues that I pay I don’t get any benefit from it... View More

James L. Arrasmith
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answered on May 10, 2024

In this situation, there are a few potential options you can consider:

1. Review your CC&Rs (Covenants, Conditions, and Restrictions) and Bylaws: Carefully read through your HOA's governing documents to see if there are any provisions that address your situation or allow for...
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2 Answers | Asked in Real Estate Law for California on
Q: While in escrow as the buyer. The Court had me put the purchase price in trust with the Court.

The stipulation was that the seller was NOT to receive the funds without the deed and a clear title policy.

Unbeknownst to me , the court GAVE the seller the funds. I was NEVER notified or given so much as a receipt. I found out 7 months after the court (against its own order) gave the... View More

James L. Arrasmith
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answered on May 9, 2024

Based on the information provided, it appears that the court may have acted improperly by releasing the funds to the seller without ensuring that the deed and clear title policy were provided to you, as stipulated in the court order. This situation raises several potential legal issues and you may... View More

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2 Answers | Asked in Real Estate Law for California on
Q: While in escrow as the buyer. The Court had me put the purchase price in trust with the Court.

The stipulation was that the seller was NOT to receive the funds without the deed and a clear title policy.

Unbeknownst to me , the court GAVE the seller the funds. I was NEVER notified or given so much as a receipt. I found out 7 months after the court (against its own order) gave the... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 10, 2024

It happens that in the court procedures, there are mistakes, errors, or misconduct by opposing party or court staff.

There can be different approaches to deal with these types of situations:

1. You can file a motion in the current court proceedings to set aside any transference or...
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2 Answers | Asked in Real Estate Law for California on
Q: Which homeowner is responsible for a hillside. The neighbor above the hillside, or the neighbor below??

Assuming that the water from the above hillside has a proper drain system, and water is not running on to the lower hillside property. In the event of a heavier than average rainy season, who is liable for integrity of the slope?

In this particular situation, the property of the slope is... View More

James L. Arrasmith
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answered on May 9, 2024

In California, the responsibility for maintaining the stability and integrity of a hillside generally falls on the property owner whose land the hillside is located on. This means that the lower homeowner, who owns the slope, is typically responsible for ensuring the hillside's stability and... View More

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2 Answers | Asked in Real Estate Law for California on
Q: Which homeowner is responsible for a hillside. The neighbor above the hillside, or the neighbor below??

Assuming that the water from the above hillside has a proper drain system, and water is not running on to the lower hillside property. In the event of a heavier than average rainy season, who is liable for integrity of the slope?

In this particular situation, the property of the slope is... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 10, 2024

Thank you for your question!

There are different laws applicable for "surface water" vs. "watercourse."

I assume that there is no watercourse here because you did not mention existing of a fixed channel. All the discussion here is for surface water.

The...
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2 Answers | Asked in Landlord - Tenant, Tax Law, Foreclosure and Real Estate Law for California on
Q: Eviction process, rights & responsibilities of new owner after tax default sale Lassen County, CA.

What is the correct process and what documents/notices do I use in order to evict a former owner from property that I purchased in a tax default sale/auction located in Lassen County, CA? Also am I allowed to dispose of items left on the property as soon as I am notified as winner of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 9, 2024

Thank you for asking the question!

For evicting a tenant, you need to go through the formal legal process of eviction. Self-help of the landlord is prohibited. You cannot throw away the tenant's property as soon as you win the property.

Also, there is a right of redemption...
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2 Answers | Asked in Landlord - Tenant, Tax Law, Foreclosure and Real Estate Law for California on
Q: Eviction process, rights & responsibilities of new owner after tax default sale Lassen County, CA.

What is the correct process and what documents/notices do I use in order to evict a former owner from property that I purchased in a tax default sale/auction located in Lassen County, CA? Also am I allowed to dispose of items left on the property as soon as I am notified as winner of... View More

James L. Arrasmith
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answered on May 9, 2024

In Lassen County, California, when you purchase a property through a tax default sale/auction, you become the new legal owner. However, you must follow the proper eviction process to remove the former owner from the property. Here's a general overview of the process:

1. Serve a 3-Day...
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2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Civil Rights for California on
Q: Is there a way to require/request the opposing party in civil litigation to prove their identity? California

I have reason to believe that the person suing me uses fake names in contracts and lawsuits so as not to be held responsible if he loses a lawsuit or is sued.

James L. Arrasmith
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answered on May 8, 2024

In California, there are a few ways to challenge or require proof of the opposing party's identity in civil litigation:

1. Demurrer: If the plaintiff's identity is not clear from the complaint, the defendant can file a demurrer arguing that the complaint is uncertain or ambiguous....
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2 Answers | Asked in Real Estate Law for California on
Q: Trying to understand the following passage from a california realtor listing agreement

From the passage below has the realtor performed per the listing agreement simply by bringing together a willing buyer at listing price or, does the seller have to agree to the sale and terms for the agent to earn her commission?

1) If during the Listing Period, or any extension, Broker,... View More

James L. Arrasmith
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answered on May 8, 2024

Based on the passage you provided from the California realtor listing agreement, the realtor (broker) is entitled to their commission if they meet the following conditions:

1. During the listing period or any extension of the listing period, the broker, a cooperating broker, the seller, or...
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2 Answers | Asked in Real Estate Law for California on
Q: Trying to understand the following passage from a california realtor listing agreement

From the passage below has the realtor performed per the listing agreement simply by bringing together a willing buyer at listing price or, does the seller have to agree to the sale and terms for the agent to earn her commission?

1) If during the Listing Period, or any extension, Broker,... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 8, 2024

Thank you for asking the question!

Each case needs to be evaluated with its own specificity to see if the agent/broker can collect commission after procuring a buyer under listing agreement.

In general it is possible for a broker/agent to recover their compensation fees if...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Banking and Landlord - Tenant for California on
Q: I have a document of thee FDIC. It states BMO Bank National Association (Certt#16571) what am I suppose to do with it?
James L. Arrasmith
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answered on May 7, 2024

If you have received an FDIC certificate for BMO Bank National Association (Cert #16571), it means that your deposits with this bank are insured by the Federal Deposit Insurance Corporation (FDIC) up to the maximum amount allowed by law, which is currently $250,000 per depositor, per insured bank,... View More

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