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California Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for California on
Q: As a CA Real Estate Broker, Can I "help and assist" a Borrower in filing for a Covid Loan by US SBA's stimulus loan?

With the recent "covidation", US will grant money to Small bizs. Some of them, (if not most) don't even know how to use the computer nor file and compile the paperwork requirements. To make it EZ for them, Can a California Real Estate Broker help and "assist" them in doing such as well as loan... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 8, 2020

If you value your real estate brokers license you will either call the SBA and get clarification as to who can “help” incompetent people file applications for SBA loans or call an experienced banking lawyer and hire them either to advise you before doing something dumb or hire them to supervise... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: I own a property with 3 of my sisters. Sister #4 is suing for her 25% of the property and sister # 2 is living in it

As a 25% owner how can sister #2 live in the house without paying rent and without having to repay sister#4 after the lawsuit is over.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Apr 4, 2020

Your sister #4 is suing sister #2 for Partition. Each of the siblings will have to either get their own lawyers or agree to Sister # 2 to represent your interest. Best of luck.

2 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for California on
Q: How to pay mortgage if the payment is denied.

PHH mortgage returned my reinstatement payment even though it was made on time. I followed their direction and got in touch with the attorney they had to handle a foreclosure. The Letter from the attorney had a precise and clear instructions that i followed every steps of the way. I wire-transfer... Read more »

John T. Kontrabecki
John T. Kontrabecki answered on Apr 3, 2020

The good news is, because of the pandemic, the court system is shut down and it is unlikely a foreclosure will occur in the immediate future. However, this does not solve your problem. I suggest you write the attorney who has been handling this matter and explain the situation clearly as you have... Read more »

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1 Answer | Asked in Real Estate Law for California on
Q: Do I have a case against a seller that failed to disclose conditions of a leaky concrete slab?

We've recently bought a house (build in 1959). House had old vinyl tile. After starting remodeling, we've discovered that there is significant dampness under the tiles. It appears that many tiles have been re-glued with silicone based glue (different than original glue). We believe seller knew of... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Mar 30, 2020

Possibly.

You would have to prove that its more likely than not that they knew of the problems with the sladb.

How much do you think your damages are?

1 Answer | Asked in Real Estate Law for California on
Q: My husband abandoned me and I need to sell our house. Can I sell it without his signature?
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Mar 27, 2020

If he is on the deed, I do not know of any other way to do it without court intervention.

1 Answer | Asked in Real Estate Law for California on
Q: I need a real estate lawyer familiar with Mexican Timeshares to review a contract I was offered to buy my timeshare.

I am a senior and would like pro bono advice about the contract as well as review my timeshare documents.

Michael Hales
Michael Hales answered on Mar 26, 2020

I'd be happy to review this for you. But I'll tell you that very few of these are legit. If they are offering to pay you substantial money for a timeshare in Mexico, it's probably a scam. Don't wire or send any money until you have an attorney review the agreement.

1 Answer | Asked in Real Estate Law for California on
Q: exclusive listing agreement will expire

Agent contracted with handyman to remodel my house ($20,600 worth for 13 projects), to be repaid at escrow . He’s so far behind from working multiple contracts (he only shows up few hours a week ) that he will miss next week ‘s contract deadline. but agent refused to fire him, because she... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Mar 13, 2020

Its illegal to hire and use an unlicensed contractor and you don't have to pay him for work that required a license.

Whether you owe agent any money will depend on your written or oral agreement or understanding.

1 Answer | Asked in Real Estate Law for California on
Q: What forms is better/easier/cheaper for adding my spouse to the house? Quitclaim Deed or Grant Deed?

Purchase the house under husbands name 4 years ago got married 10 months later, now with the epidemic, we need to get me on the deed to keep the bank from taking it and leaving me and my 5 kids homeless if anything were to happen to him.

Bahram Madaen
Bahram Madaen answered on Mar 13, 2020

Transferring the title by Quitclaim is faster and easier, but you should consider creating a trust and transfer the title to the trust. Thank you very much.

1 Answer | Asked in Criminal Law, Real Estate Law, Appeals / Appellate Law and Federal Crimes for California on
Q: Managment of a apartm fordged my signature also they are keeping my deposit un lawfully

Im in orangevale Calif

Dale S. Gribow
Dale S. Gribow answered on Mar 12, 2020

more info needed.

however, your easiest solution is to sue in small claims court.

before filing send a self serving letter setting forth ALL the facts including your previous demands for money and send a copy to yourself. Then attach that letter to the small claims suit.

1 Answer | Asked in Foreclosure, Contracts, Real Estate Law and Construction Law for California on
Q: GC filing small claims 4 nonPmt of $10K. Defense argues improper HI contract. How do I find case law that backs me?

2 bathrooms 95% complete (punchlist, barn doors and faucets left). Materials were not in yet (this was the 2nd or 3rd time we were waiting on her), but temps were installed. Left job for 2 weeks due to previously scheduled out-of-town job. Client fired us and refuses to pay for the 2nd bathroom or... Read more »

Donald M Barker
Donald M Barker answered on Mar 10, 2020

"Substantial Performance" is the term you seek: "I ordered 100 flowers and you only brought me 95. I am not paying you." If a party "Substantially Performs" terms of contract, then payment is due, but payment may be prorated fairly.

Here's a link to the CA Jury Instruction, and all kinds...
Read more »

1 Answer | Asked in Civil Litigation, Collections, Foreclosure and Real Estate Law for California on
Q: I acquired a California home by Sheriff Sale (collecting on a money judgment). The judgment stated "Said judgment...

shall have priority over any interest affecting title to the specific real property located in San Bernardino County, California, recorded after March 17, 2005 and is described as follows..."

There were other liens on the property from March 17, 2005 to the date of the Sheriff Sale Jan 10,... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 5, 2020

Your question shows why it is necessary to retain the services of a good lawyer. The practice of law requires a lawyer to examine the language of the statutes, and those related to the one in issue, and determine what your rights may be. This is the essence of the practice of law. I seriously doubt... Read more »

2 Answers | Asked in Real Estate Law, Family Law and Probate for California on
Q: My understanding of "Quasi-Community" is that it is property out-of-state. Am I incorrect in this understanding?

I am trying to further understand the California Probate Code and the term "Quasi-Community" has taken me longer to understand than expected. May someone please explain this term in other words? I would greatly appreciate any assistance. Thank you for your time!

Mike Darlington
Mike Darlington answered on Feb 29, 2020

The simple definition is:

Property acquired by a married person or couple in a non-community property state that would have been community property if it had been acquired in a community property state.

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Q: Do i have to pay $180 charge for a toilet snake my Apt's Maintenance charged me for a toilet paper tube accidently flush

Toilet seat sits 1ft from the dispenser - toilet paper tube accidently fell into toilet when pulling off empty roll and subsequently got flushed. Caused slow flush to happen but not a full clog.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 26, 2020

If I were you, I would go ahead and pay it with a thank you note to the management. The last time I had a snake job done in my house cost me $1,200.00 and until today, have problems with the pipes. Best of luck!

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: My father died over 15 yrs ago in Alabama Someway my cousin started using the property as hers. I live in Ca.

She wont dicuss it with me. But is that my property and how do i get it returned to me.

David Ostrove
David Ostrove answered on Feb 25, 2020

If your father gave it to you in his will, it became yours the instant your father died.

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Was my brother's inherited property reassessment done in error based on a possible misinterpretation of CA law/rules?

My brother inherited a home from our late parents (both passed away in 2018). The home was originally in my parents' revocable trust. We hired a trust company to handle the transfer. The company filed the appropriate grant deed documents and the transfer went from my parents' trust, to my brother,... Read more »

James Edward Berge
James Edward Berge answered on Feb 25, 2020

Your brother must be a current income and/or principal beneficiary of the trust to avoid reassessment under Prop. 13, and all other current income and/or principal beneficiaries must also qualify for an exemption for the transfer to the trust to be considered an exempt transfer. The county... Read more »

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2 Answers | Asked in Criminal Law, Real Estate Law and Animal / Dog Law for California on
Q: My neighbor is threatening to sue me because my dog has been peeing on their lawn. Are their laws/fines for this?

I received a warning from my neighbor and it hasn't happened again since then. But they are still telling people they are going to sue me. I don't know what kind of damages or fines I could face.

Dale S. Gribow
Dale S. Gribow answered on Feb 25, 2020

more info needed.

if dog is on a leash you are probably trespassing on their property.

if not on a leash you are violating some municipal law leash law.

however anyone can sue anyone for anything at any time....the question is will one win and if so what damages are imposed?...
Read more »

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1 Answer | Asked in Real Estate Law for California on
Q: Can someone in Orange County, California help me with an Interpleaded case with buyer's Land Purchase deposit of $50k?

Escrow interpleaded buyer's deposit of amount $50,000 from California Vacant Land Purchase Agreement (CAR form VLPA). I am a seller and believe I am entitled to this deposit due to both: 1) buyer breach of contract and 2) escrow negligence to ensure conditions are met. I need a local lawyer to... Read more »

Bahram Madaen
Bahram Madaen answered on Feb 12, 2020

I might be able to help you. My email address is attorneymadaen at gmail. email me and we talk. thanks.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: If an easement runs with land in Ca and then the land goes through a judicial foreclosure... does this break easement

Related to a sign on commercial Ca property where there were easements made that run with land for access to sign .... but people are not paying and property taxes up. Can we remove their signs ?

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 11, 2020

Usually an easement would survive a judicial foreclosure.

1 Answer | Asked in Real Estate Law and Probate for California on
Q: If a joint owner of a house passed away, what process is required to make the survivor the sole owner?

The house is in California and owned by both of my parents, both are California residents. I am not aware if there is any form from the superior court resource that deals with this issue (closest being the spousal transfer form) directly.

John B. Palley
John B. Palley answered on Feb 7, 2020

Assuming the deed says "in joint tenancy" or "as joint tenants"then you would just need to record an "affidavit of death of joint tenant" form. Can probably get that online somewhere. I believe a preliminary change of ownership form is also required which can be be obtained from the county... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: I bought my girlfriend's 50% of our co-owned house in cash. I want to convert the Deed from our names to my Trust's name

I have a revocable trust, i have a home co-owned with an ex girlfriend that I've paid off myself. I want to remove her name from the title without triggering a reassessment by placing it into my Trust. She is not a trustee on my trust, & the house is not in my trust. Can I file a PCOR form & use... Read more »

James Edward Berge
James Edward Berge answered on Feb 6, 2020

No. Once you have bought out your ex-girlfriend’s 50% interest in the house, you will be reassessed for the 50% interest which you purchased. If you try to do as you suggest, you will be caught when the assessor asks to see a copy of your trust and sees that your ex has no beneficial interest... Read more »

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