California Real Estate Law Questions & Answers

Q: What document in California allows me to sell a property with Owner Financing and get the property back the quickest?

1 Answer | Asked in Real Estate Law for California on May 12, 2015

Answered on Jun 4, 2015

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Richard Samuel Price's answer
A contract for deed is a form of seller financing in which the property is not transferred until the contract is paid off. You might also do a lease with an option to buy, that way the ownership of the property is not transferred until the tenant/buyer exercises the option to purchase. In a sale with carry back deed of trust, you could do a power of sale foreclosure and get the property back in about four months or have your deed of trust paid off.

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Q: What do i have to do to sell a timeshare that is held in community property but the other party has passed away

1 Answer | Asked in Real Estate Law for California on May 16, 2015

Answered on Jun 4, 2015

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Richard Samuel Price's answer
If you were not married at the time of his death, then you did not have the right of survivorship. His estate owns the property and it may need to be probated to pass it to his heirs.

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Q: Does the D.R.E. automatically check a real estate license application for revocation or suspension in another state?

1 Answer | Asked in Real Estate Law for California on Jun 2, 2015

Answered on Jun 4, 2015

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Richard Samuel Price's answer
Part of your real estate salesperson license application will be to disclose any licensing or former licensing in another state and to disclose the status of those licenses. You must disclose or you may not get your license for falsifying your application.

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Q: I live in C,A may I buy a house in tx?

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

Answered on Jun 4, 2015

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Richard Samuel Price's answer
Yes, you can buy real estate in Texas and rent it out if you live in California.

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Q: part of closing was a possession amendment allowing seller to stay until end of month. Seller refuses to leave

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

Answered on Jun 4, 2015

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Richard Samuel Price's answer
If the buyer and the seller initialed the CAR arbitration clause, then you can arbitrate the case. The CAR agreement allows for attorneys fees to the winner. That week isn't going to be free.

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Q: John and Mary have 10% and 90% undivided interest respectively on their home.On a buyout what does John get 10% of?

1 Answer | Asked in Real Estate Law for California on Jun 2, 2015

Answered on Jun 4, 2015

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Richard Samuel Price's answer
On the sale of the property, John should have a right to 10% of the proceeds from the sale of the home.

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Q: my circumstance has changed and i no longer need to sell my home. The counter offer was not signed until 4 days after p

1 Answer | Asked in Real Estate Law for California on May 31, 2015

Answered on Jun 4, 2015

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Richard Samuel Price's answer
If the counter offer was only valid for three days and the buyer signed on the fourth day, then there was not a proper acceptance. You do not have a binding contract. Sit down with an attorney to verify that you are counting the days correctly.

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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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