California Real Estate Law Questions & Answers

Q: Can I sell a home I bought on auction without having the grant deed?

1 Answer | Asked in Real Estate Law for California on Jul 30, 2015

Answered on Jul 30, 2015

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Richard Samuel Price's answer
You must have the grant deed in order to sell the home. If you have paid for the home in a foreclosure sale auction, then the trustee should be the one transferring the property to you. If all else fails, you'll have to file a quiet title action for a court to sign a grant deed over to you. Contact an attorney for a full consultation.

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Q: Hello my grandparents bought their home 40yrs ago and in may decided they needed to sell there home their son is very

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

Answered on Jul 30, 2015

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Richard Samuel Price's answer
Just don't accept any offers and don't sell the house. Tell the broker to change the listing to do not show or cancelled. If you don't get the result that you want, file a written complaint with the Bureau of Real Estate or Department of Consumer Affairs.

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Q: Hi, when finalizing a deed, can I ask the settlement lawyer to keep my marital status confidential?

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

Answered on Jul 30, 2015

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Richard Samuel Price's answer
California is a community property state. If you are married, then your spouse has rights in the community property, even if your vesting says that you are unmarried or single. Any mortgage lender that you use will require your spouse to file a quit claim deed if you are the only one responsible for the mortgage. You need to be truthful to the lender.

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Q: sold house to daughter years ago but she will not get a loan to put it in her name. What should I do?

1 Answer | Asked in Real Estate Law for California on Jul 27, 2015

Answered on Jul 29, 2015

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Richard Samuel Price's answer
When you sold the house to your daughter, did you transfer the title to her in a grant deed or quitclaim deed? If so, then the house is in her name. If you transferred the house with an existing mortgage on it, then that is not in her name. Once you've transferred the house, there is not much you can do to force her to refinance the house.

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Q: Strange situation

1 Answer | Asked in Real Estate Law for California on Jul 27, 2015

Answered on Jul 27, 2015

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Richard Samuel Price's answer
First, you have to determine whether you have a valid contract. The acceptance may have been after the offer expired.

If you do have a valid contract, there are multiple reasons why a buyer can cancel a purchase agreement and get their earnest money deposit back. You have to cancel the purchase agreement within the contingency period, and you have to give the proper notice. Who did you deposit your money with: an escrow agent, a title company, or the broker?

I suggest having...

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Q: If I have COPD AND JUST MOVED INTO A HOUSE THAT HAS MOLD AND DRY ROT, CAN i SUE THE PEOPLE THAT SOLD THE HOUSE?

1 Answer | Asked in Real Estate Law for California on Jul 22, 2015

Answered on Jul 24, 2015

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Richard Samuel Price's answer
You may be able to sue for nondisclosure if the previous owner did not disclose any mold or dry rot issues to you. An attorney would have to review your purchase agreement and the facts of your case for a full consultation.

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Q: i live on a property which was owned by my employer a verbal yrly 14 years and now he died his kids, city redtag

1 Answer | Asked in Real Estate Law for California on Jul 23, 2015

Answered on Jul 24, 2015

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Richard Samuel Price's answer
A tenant who has been residing at the premises for more than one year must be served with a 60-day notice. Without the proper notice, the landlord will not win an unlawful detainer action.

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Q: If a Property Management Agreement is not signed by all parties listed, is it legally binding? (1 of 2 owners signed)

1 Answer | Asked in Real Estate Law for California on Jul 22, 2015

Answered on Jul 24, 2015

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Richard Samuel Price's answer
Yes, either one of the owners of the property can rent out the property. After the expenses of the property are paid, the co-owners must divide the proceeds of the rent according to their interest in the property.

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Q: Got a house thru seller finance process, seller dies,her son asked for mo.$$ made to him but he has no proof or will

1 Answer | Asked in Real Estate Law for California on Jul 22, 2015

Answered on Jul 24, 2015

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Richard Samuel Price's answer
As a part of the seller financing, you signed a promissory note and you should have been making payments to the holder of the note. You will continue to make payments to the holder of the note until there is an assignment of the note. If the holder has died, there is a procedure for the estate to deposit his checks.

The son will have to go to probate and have the court assign the note to him if he is the new holder of the note. Once he has an assignment, then you will make your...

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Q: I purchased my house I didn't know part of it was a creek water ran through so bad I can't even build a big garage to

1 Answer | Asked in Real Estate Law for California on Jul 23, 2015

Answered on Jul 24, 2015

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Richard Samuel Price's answer
While the seller has a duty to disclose material conditions that may affect the buyer's decision to purchase the property, the seller is not required to disclose conditions that are observable from a visual inspection of the property. Did you walk the property and were you able to tell whether a creek ran through the property?

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Q: If a house is sold "owner/finance," is it considered income and does tax have to be paid on the payments?

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

Answered on Jul 23, 2015

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Richard Samuel Price's answer
When the seller takes back financing in the sale of a home, the installment sale rules apply such that the seller will report the payments as income in the year that they are received. Also any interest received on the principal balance would also be reported as income.

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Q: Does ex-husband that has stopped paying house payments, taxes, repairs in 1980s have right to make ex-wife sell home

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

Answered on Jul 23, 2015

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Richard Samuel Price's answer
When there are co-owners of a property, any one of the co-owners can ask a court in a partition action to sell the property and divide the proceeds among the co-owners. Through the partition action any of the co-owners can seek contribution from the other co-owners for expenses they have made for the property out of the proceeds of the property.

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Q: Is it okay for a Realtor to represent the seller and the buyer of the same home being sold? I'm in California

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

Answered on Jul 23, 2015

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Richard Samuel Price's answer
Yes, a real estate agent or broker is allowed to represent both the buyer and the seller in a real estate sales transaction. It's called a dual agency.

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Q: I want to buy my mothers home

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

Answered on Jul 23, 2015

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Richard Samuel Price's answer
You would enter into a purchase agreement with your mother. There are multiple ways for you to finance the purchase of the home. Then you take that purchase agreement to an escrow agent and open escrow for the transfer of the home. The escrow agent would prorate the taxes for the home.

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Q: My neighbor says that our backyard fence is on her property. The fence is 30 years old. I have lived her 18 years

1 Answer | Asked in Real Estate Law for California on Mar 8, 2015

Answered on Jul 23, 2015

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Richard Samuel Price's answer
The best thing to do is to get a boundary survey to determine where the property line is. Who knows if the fence is in the wrong place? If the fence is in bad repair and needs to be replaced, then the good neighbor fence act of 2013 requires that both neighbors share in the cost of replacing the fence.

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Q: The property went to foreclosure. We purchased the property in $435k, now is $360k. Do we still own the difference?

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

Answered on Jul 23, 2015

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Richard Samuel Price's answer
Whether or not you owe the difference depends upon a few factors. If the loan was for the purchase of the home and you lived in the home as your primary residence, then you will not owe the money. If the mortgage was foreclosed in a nonjudicial foreclosure, then you will not owe the money.

You'll receive a 1099 in the mail from the mortgage company for the amount of debt that was forgiven. While you have to report that amount on your tax return, you may not owe a tax because of Internal...

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Q: Yard maintenance

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

Answered on Jul 23, 2015

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Richard Samuel Price's answer
You are responsible for any tree or plant whose trunk comes out of the ground on your side of the property. And you're responsible for maintaining the plant on your side of the property. Your neighbor is allowed to trim the plant back to the property line.

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Q: We sold our house to an investor "as is" now they CA state law requires a termite inspection is this true?

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

Answered on Jul 23, 2015

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Richard Samuel Price's answer
A termite inspection is not required under state law for the sale of real estate. However, a lender for the purchase money of the buyer may require a termite clearance before they will lend on the property.

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Q: My neighbor has a driveway they are giving me a right of way(I am paying).What form do I need to file in LA county?

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

Answered on Jul 23, 2015

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Richard Samuel Price's answer
You will want to enter into a written agreement with your neighbor for the right to use the driveway. You could use an easement as the form to file with the Los Angeles County recorders office.

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Q: Do I have to reinvest proceeds from the sale of my house. I own it outright?

1 Answer | Asked in Real Estate Law for California on Mar 19, 2015

Answered on Jul 23, 2015

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Richard Samuel Price's answer
No, you're not required to reinvest the proceeds from the sale of your house. For income tax purposes, you may qualify for an exclusion from income for your primary residence for up to $500,000 for a married couple.

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