California Real Estate Law Questions & Answers

Q: How to register real estate investment in California?

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

Answered on May 19, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am not clear what you are asking. Are you making your own investment, or do you intend to sell an investment in real estate to third parties? If you are making your own investment, there are no per se "registration" requirements. However, if you intend to accept investment money from third parties, you will need to comply with state and federal securities laws. I suggest you...

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Q: Can seller raise price at any time after a bid is accepted and signed by both parties in California?

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

Answered on Apr 30, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Your question is not clear: did you enter a contract to purchase the property or to have termite repairs done on the property? If both parties have agreed to a contract at a fixed price, the price cannot be raised unless both parties so consent. Be sure to consult your own attorney to protect your legal rights.

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Q: Who is responsible for Parcel splits the buyer or the seller in a joint land agreement ?

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

Answered on Apr 30, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The answer will depend on the terms of your agreement. I suggest you retain an attorney and review the agreement with your attorney.

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Q: I'm trying to refinance my home and ex son-in-law, who is on my deed, does not want to sign a quick claim.

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

Answered on Mar 27, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Anyone on title is presumed to have ownership interest, unless you can prove otherwise. It is possible that the divorce decree affected his interest in the property. Otherwise, you will need to negotiate and buyout his interest. Be sure to consult your own attorney to protect your legal rights.

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Q: Can home seller raise the asking price after a full price offer has been made? No other offers have been made

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

Answered on Mar 25, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

So long as the seller is not bound by a sales contract, the seller may be able to change the asking price. The statute of frauds requires that a contract for the purchase and sale of real estate be in writing and signed by both the purchaser and the seller. Be sure to consult your own attorney to protect your legal rights.

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Q: We are a family trust trying to sell some vacant lots. Must we have the lots insured in order to sell them ?

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

Answered on Mar 25, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You question is a bit unclear to me. If by insurance you are referring to liability insurance coverage, the answer is no -- having such insurance is not pre-requisite for sale. However, most sophisticated buyers would require the seller to provide title insurance at the time the property is purchased. Be sure to consult your own attorney to protect your legal rights.

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Q: My owner is selling the house I live in. Does he have to pay me to relocate?

1 Answer | Asked in Real Estate Law for California on Mar 20, 2015

Answered on Mar 23, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Generally, the answer is no. However, under certain circumstances (e.g., unexpired lease, rent control ordinance) he may have to compensate you. Be sure to consult your own attorney to protect your legal rights.

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Q: Is a verbal acceptance of an offer binding?

1 Answer | Asked in Real Estate Law for California on Mar 15, 2015

Answered on Mar 17, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you are referring to a transaction for the purchase and sale of real estate, then the answer is no. A contract for the purchase and sale of real estate needs to be in writing, signed by both the purchaser and the seller. Be sure to consult your own attorney to protect your legal rights.

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Q: My girlfriends parents both passed away and left no will for the house.shes scared of losing iit

1 Answer | Asked in Real Estate Law for California on Mar 3, 2015

Answered on Mar 4, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for the loss of her parents. Please clarify why your friend fears losing the house. Has she been falling behind in payment of mortgage loan, taxes, etc. If her parents had no estate plan in place, and your friend was not a joint tenant on that property's title, she will need to petition for probate of her parents' estate. Be sure to consult your own attorney to...

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Q: Is it possible to hire a real estate lawyer to read and verify legitamacy of documents?About how much would that cost?

1 Answer | Asked in Real Estate Law for California on Feb 28, 2015

Answered on Mar 1, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Yes, you can retain an attorney to help you understand a legal document. The cost will depend on the nature and length of the document, and whether is it a standard form or custom drafted. Be sure to consult your own attorney to protect your legal rights.

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Q: My Mom has a mortgage loan. If I/son pay it off, could she transfer the house (title?) to me? if yes what's the process?

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

Answered on Feb 25, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Your suggestion should work. Also, if the mortgage is assumable, you may be able to assume the loan and receive the property's title. Be sure to consult your own attorney to protect your legal rights.

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Q: How long does an escrow company have to return my deposit when I have decided not to purchase the property?

1 Answer | Asked in Real Estate Law for California on Feb 21, 2015

Answered on Feb 23, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The escrow holder is a neutral third party--it will not judge which party (buyer or seller) is right. If both parties sign papers authorizing the escrow to be cancelled and deposits be refunded to buyer (you), then the process will be fairly quick. Otherwise, it can take much longer and, in extreme cases, the parties may need to resort to legal and equitable relief. I suggest...

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Q: I am in a process of closing a house, if the buyer does not vacate the home on the day of closing, how to get possession

1 Answer | Asked in Real Estate Law for California on Feb 18, 2015

Answered on Feb 19, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you are buying the house to use it as your residence, one of the conditions to closing should be that you receive possession of the property. You are free to negotiate different terms with the seller, or allow them to stay as a resident/tenant. However, if they fail to vacate as agreed, you will need to bring an unlawful detainer action against them and obtain a court order to...

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Q: How can I prevent my Ex-husband from entering my house when I put it up for sale? He is a real estate agent in the area.

1 Answer | Asked in Real Estate Law for California on Feb 13, 2015

Answered on Feb 15, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You can ask your listing agent to hold on to the property key, rather than using a lock box. If there is credible threat your ex-husband or anyone else may want to vandalize the property, you can hire a security company to place a guard on the premises and/or patrol the area. Be sure to consult your own attorney to protect your legal rights.

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Q: can I claim adverse possession to my deceased mothers house?

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

Answered on Feb 11, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

It is fairly difficult to establish adverse possession under California law. In the case of California Maryland Funding Inc. v. Lowe, 37 Cal.App.4th 1798, 1803 (1995), the court summarized the law saying:

"The elements necessary to establish title by adverse possession are: (1) tax payments, (2) actual possession which is (3) open and notorious, (4) continuous and...

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Q: My friend dad bought his house years ago, and his brother co-sign for him so the loan in his uncle name. Now that there

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

Answered on Feb 11, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If the existing loan is assignable, then they can approach the lender to transfer the title and the loan to your friend. Otherwise, your friend will need to go through a transaction where your friend takes out a new loan, the existing loan is paid off and your friend receives title to the property. Be sure to consult your own attorney to protect your legal rights.

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Q: I bought house Shortsale after five years , H.O.A askingme to remove a part of ciment not match color that was not

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

Answered on Feb 10, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You need to read the HOA notice carefully and see what authority it is relying on. Likely, there is some provision in the Covenants, Conditions & Restrictions ("CC&Rs") of the planned development you live in that requires uniform exterior covering for all units, etc. Be sure to consult your own attorney to protect your legal rights.

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Q: Can an owner request a prepaid 12 month payment on a 24 month lease in addition to a 1 month security deposit?

1 Answer | Asked in Real Estate Law for California on Feb 9, 2015

Answered on Feb 10, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Your description does not provide if this is a residential lease or a commercial lease. Concerning residential leases, California Civil Code § 1950.5(c) allows "advance payment of not less than six months' rent if the term of the lease is six months or longer." Concerning commercial leases, California Civil Code § 1950.8(d) allows "advance payment of rent, if the amount and...

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Q: can you help me

1 Answer | Asked in Real Estate Law for California on Feb 9, 2015

Answered on Feb 9, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

It would be very difficult for anyone to try to help you without seeing all of your documents and without having an understanding of the context of your transaction. The $25,000 you refer to may be a number of things, such as payment of a loan/lien under your name. I suggest you immediately retain your own attorney and go over the documents before the closing and before you sign...

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Q: I just purchased a home. I found animal remains in a wooden box in the back yard while cleaning. Do I have a lawsuit?

1 Answer | Asked in Real Estate Law for California on Feb 6, 2015

Answered on Feb 9, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If the animal belonged to you and someone killed it, you may be able to entitled to recover the value of your animal. Be sure to consult your own attorney to protect your legal rights.

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