California Real Estate Law Questions & Answers

Q: If

1 Answer | Asked in Family Law, Landlord - Tenant and Real Estate Law for California on
Answered on Feb 9, 2016

Yes, if you do not have an ownership interest in the home, then the owner of the home can evict you. If your mother in law's boyfriend passes away and his children inherit the home, then they can evict you. Some estate planning could solve this issue for you.

Q: dad passed away and has a house but he bought it and put it in my uncles name and he is selling it. Can we do anything

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on Feb 9, 2016

How and why was the property transferred to your uncle? If your uncle legitimately owns the house, then he has every right to sell it and do what he wants with the proceeds. If your uncle really doesn't have an ownership interest in the house, then you can challenge his title to the home in court.

Q: My Mgnt Co leased my house w/o notifying me, I am no longer under contract,& I need my house back, what can I do?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Answered on Feb 6, 2016

Your issue seems to be with the management company, rather than the tenant. If the tenant is under a lease agreement, then you will not be able to terminate the lease, except as provided in the lease agreement. You'll probably have to wait for the lease term to terminate, or negotiate a shorter term with the tenants and pay their relocation costs.

However, your property manager has a fiduciary duty to act in your best interests. If they leased out the property without your consent...

Q: My father is apart of the ejido in Mexico and his god daughter doesn't want to let him take part of what is his.

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 6, 2016

I'm sorry, but I don't quite understand your question. Your father should be able to do what he wants with his property.

Q: In California does deposit on a house have to be returned if the buyer gets cold feet and backs out within 7 days .

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 6, 2016

It depends on the terms of the contract. You'll have to review your contract in detail and discuss with your real estate agent, if you have one. Usually, you will be able to terminate the purchase of the home and get your deposit back if you are within your contingency period.

Q: My house in Los Angeles was built along side another house - on the same property. It was designated as a condo.

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 6, 2016

You can go down to your local planning department and discuss the zoning of your property and requirements for a single family residence. A civil engineer would be a good resource to help with the process.

Q: neighbors mcmansion basement excavation subsidence concerns, 10' deep only 7'6" from property line, have i any rights?

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 6, 2016

You have the right of lateral support from your neighbor and if your land subsides because of the excavation, then you will be entitled to damages. But until your land subsides, you don't have any damages. Your neighbor is entitled to develop his property according to his building permits.

Q: Should my neighbors who live behind me be walking through my backyard to get their mail

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 6, 2016

It really depends on a lot of facts, however, generally a tenant can exclude someone else from entering the property unless there is a common area. A very practical solution is to ask your neighbor to not cross your backyard.

Q: Does the TIL "amount financed" have to match the Note amount on a mortgage?

1 Answer | Asked in Real Estate Law for California on
Answered on Jan 30, 2016

Review the truth in lending statement with your mortgage loan officer and get some answers about your concerns. Have him explain every dollar that you are committing to. Without reading what you are seeing, it's difficult to advise you.

Q: If my house has mold, the sinks, toilet and showers dont work, do i have a civil suite?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Answered on Jan 30, 2016

If you are a tenant, then you should send a letter to the landlord requesting repairs. Be persistent.

Q: What is the best way to sell a rent to own home that is still in the landlord's name?

1 Answer | Asked in Real Estate Law for California on
Answered on Jan 30, 2016

There's no way to avoid taxation, only to delay the payment of it. But that would also delay the receipt of the proceeds of the sale. It's possible for the landlord to sell the home on an installment sale basis that would allow the taxation to be spread over a number of years. It's also possible for the seller to enter into a 1031 exchange.

Q: In California is a realtor entitled to ask for buyer's bank statements, after the lender's pre-approval letter is done?

1 Answer | Asked in Real Estate Law for California on
Answered on Jan 30, 2016

Have a frank talk with your real estate agent. Express your concerns about your privacy. If you don't get the answers that you need, talk to the real estate agent's broker. Without knowing more about your transaction, it's difficult to know whether the request was valid.

Q: Where do we find info concerning the sale of my property w/ tenants in it?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Answered on Jan 30, 2016

The landlord or her agent can show the premises with 24 hours written notice. The agent must understand that she will have to schedule showings when it is convenient to the tenant and with notice.

Q: My siblings and I are joint owners of a home. All but one wants to sell. What can be done?

1 Answer | Asked in Real Estate Law for California on
Answered on Jan 30, 2016

You can initiate a partition action which requests that the court order the home to be sold and the proceeds divided between the co-owners. There is really no defense to this type of action and the sibling that doesn't want to sell will be forced to sell, otherwise the court will sign the grant deed for him/her. Contact an attorney for further information.

Q: Parents bought land 30 yr ago, Total they spent 25-30K. Realtor was sued by State-what can they do? Is there a statute

1 Answer | Asked in Real Estate Law for California on
Answered on Jan 30, 2016

I'm not clear from your facts what your parents would sue for? But if they are suing on a claim from 30 years ago, then any statute of limitations has expired.

Q: Can my daughter retake possession of her property?

1 Answer | Asked in Real Estate Law for California on
Answered on Jan 25, 2016

The owner of the mobile home has the right to possession of it. If you daughter owns it and it is currently vacant, then she can move into it.

Q: Do I have to allow the owner to show my room while I'm still here, and how can I get my whole security deposit back?

1 Answer | Asked in Real Estate Law for California on
Answered on Jan 24, 2016

You'll have to show your room with 24 hours notice from the landlord.

You can request a move-out inspection prior to moving out so that you can be informed of what things you will have to repair in order to get your full deposit back. The landlord is obligated to return an itemized statement along with receipts for any amounts deducted from your security deposit, and the balance of your security deposit to you within 21 days of your moving out. Be sure to leave a forwarding address.

Q: Seller failed to disclose notice of bringing property up to code at time of sell, can I seek monetary loss?

1 Answer | Asked in Real Estate Law for California on
Answered on Jan 23, 2016

If the seller received a notice to bring the property up to code and failed to disclose that to you during the sale, yes, you can seek a monetary loss for this. Before talking to an attorney, however, review your sale file. You should have received a document filled out by the seller called a Transfer Disclosure Statement. Part II, Questions C(4) and C(5) ask specifically about additions without a permit or not in compliance with building codes and C(15) asks about citations against the...

Q: Im buyer in an addendum to a purchase agreement with a deed belonging to a trust I am not apart of. Do I have a claim?

1 Answer | Asked in Real Estate Law for California on
Answered on Jan 23, 2016

I'm very sorry, but your facts are confusing. You'll have to bring your documents to an attorney to review the title to the property, the trust instrument, and the purchase agreement. Contact an attorney for a full consultation.

Q: Our realtor claims the tenant needs to move out for RE to do a walk through before we sever our contract w/RE, true?

1 Answer | Asked in Real Estate Law for California on
Answered on Jan 23, 2016

I'm sorry, but somehow your question got posted under California law. With a property in Florida, you will have to repost your question under Florida law.

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