California Real Estate Law Questions & Answers

Q: Is it right and Can she do it?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Sep 23, 2016

Some questions for you: Is the dog today the same dog you had when you rented? Was the landlord aware that you had a dog? Were you presented with a lease 10 years ago? Does it have a provision that prohibited dogs? Did you read the lease when you did not sign it? Why did you not sign it?

If you would like an answer to your problem, you need to give ALL the facts. You are not having an argument with an attorney. You are seeking his advice.
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Q: I've occupied my property for 13 years. Month to month agreement. Can they give a 30 or is it 60 day notice?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Sep 20, 2016

60 days and it must be legally served in the same manager as a 3-daynotice to quit, plus registered mail. That includes personal delivery, delivery to a competent person at your residence, posting and mailing if nobody home.
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Q: I am a RE broker in CA and going to be the officer/broker for an LLC.

1 Answer | Asked in Real Estate Law for California on
Answered on Sep 19, 2016

Your Wyoming LLC would have to register with the California Secretary of State as a foreign LLC doing business in California. You would have to license the LLC with the California Bureau of Real Estate as a broker. Your agents would have to contact the California Bureau of Real Estate to transfer their license to the LLC.
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Q: I bought a condo I year ago - now found to be 80 sq feet less than I was told it was. I overpaid. What can I do?

1 Answer | Asked in Real Estate Law for California on
Answered on Sep 19, 2016

You can sue the seller and the seller's broker for misrepresentation. Contact an attorney for a full consultation.
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Q: i own a rental house in California,how can i sell and avoid capitol gains?

1 Answer | Asked in Real Estate Law and Tax Law for California on
Answered on Sep 19, 2016

If you have a gain on the sale of the property, then you will have to pay capital gains tax. The only way to possibly postpone paying the gain, is to complete a 1031 exchange of like kind property. This is complex and I suggest that you contact a CPA.
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Q: Is the lawyer who handled the probate for my inherited house responsible for getting me the deed? How can I get my deed?

2 Answers | Asked in Probate and Real Estate Law for California on
Answered on Sep 15, 2016

In a probate action, there isn't always a deed. Most often, recording a certified copy of the probate order transfers title to the property.
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Q: In California my uncle passed away his daughter is to get his estate but my uncles girlfriend won't leave the house

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for California on
Answered on Sep 15, 2016

You'll have to initiate a probate petition to get appointed as the administrator of the estate and then after letters of administration are issued, the administrator can serve a "60 day notice to move out" to the girlfriend (assuming she has been there over a year, 30 day notice to move out if less than a year).
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Q: We were anxious to get into our new house before the school year started and so agreed to buy the house "as is"

1 Answer | Asked in Real Estate Law for California on
Answered on Sep 12, 2016

Buying a house "as is" does not prevent you from bringing a legal action on the seller's or the seller's agent's duty to disclose material facts that affect the value or desirability of the home. So yes, you could still sue.
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Q: We went into buying a house on probate. We went to court and it was awarded to us we have put 43k down (5%)

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on Sep 12, 2016

I am not certain about the initial facts of your question.

If you were a purchaser of the property, that is you had a sales contract but court confirmation was required and received, then the sales contract would specify the date for close of escrow (to turn over the keys.) If this date was missed, then you can demand performance and, if it is not forthcoming, cancel the contract.

However, if you were the high bidder at a probate court auction different rules apply.

I...
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Q: Is a lease agreement become void after the death of the lessor w/ several months left on the term of a Living Trust?

1 Answer | Asked in Real Estate Law, Estate Planning and Landlord - Tenant for California on
Answered on Sep 10, 2016

The successors are bound by the original agreement, unless the agreement says otherwise.
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Q: What document can I have drafted and recorded to clear up an ambiguous grant in the chain of title?

1 Answer | Asked in Real Estate Law for California on
Answered on Sep 7, 2016

You can record a correction grant deed that would clear up the interests of the two parties. Both should sign it.
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Q: I own a house from a previous owner with liens and the previous owner has died with no assets to pay for the liens.

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

If the liens are abstracts of judgment, then they may expire after 10 years, but the creditor can simply renew the lien for another 10 years. Meanwhile, interest and costs are adding up.

What you describe about the purchase of the home is that you took the property subject to existing liens. Had you used title insurance and an escrow company to purchase the home, you wouldn't have this problem.
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Q: 10 months into a year lease my landlord tells me to move into the now vacant house next door.then gives me a mo.to mo.

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for California on
Answered on Sep 5, 2016

Lot's more info is required. Are you month-to-month, or fixed term? Did you agree to make the move? You can agree either by a written agreement, or by just moving. What are the problems with the new place? Are there repairs that are needed and that affect habitability (that is a legal question)? If you are month-to-month, he can terminate you for no reason at all. If a fixed term and the term has not expired, he cannot disturb your "quiet enjoyment" and has usually 30 days to make...
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Q: Our house was foreclosed on and sold at auction.

1 Answer | Asked in Real Estate Law for California on
Answered on Sep 5, 2016

If your home was sold at a power of sale foreclosure, then the lender that foreclosed would not be able to get a deficiency judgment against you for the excess of the loan balance from the sales price at the auction.
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Q: What is the best way to buy the house i am renting from my inlaws ?

1 Answer | Asked in Real Estate Law for California on
Answered on Sep 5, 2016

If you already have an option to purchase at a predetermined price, then you would purchase the home at that price. There is no gift of the excess equity.
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Q: I own a house with liens on it. The liens are under previous owner's name, but the previous owner passed away with no

1 Answer | Asked in Real Estate Law for California on
Answered on Sep 4, 2016

Who sold you the house? If the owner sold it to you and you bought it knowing the liens were on it, then you're not responsible for the liens, but if you want to prevent foreclosure on your house by the lienholders, you'll pay the liens off.

If the owner didn't sell you the house and it was the owner's relatives or executor, the liens should have been noticed during the probate process and the lienholders should have been paid from the money you paid for the house.
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Q: Am I able to get a holding deposit back for an apartment, if I did not sign anything yet?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Sep 4, 2016

Security deposits are not nonrefundable. Landlords can only deduct from them for, basically, 4 reasons none of which apply here. It's not clear to me whether your "holding deposit" qualifies as a security deposit. Your holding deposit may be interpreted as a deposit to take the unit off the market and not a security deposit for rental. In other words, you paid for the option of having the unit unavailable to others. I'd expect that your holding deposit should be approximately equal to the rent...
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Q: What rights do I have as a (CA) homeowner? 38 y.o. abusive daughter to move out?

1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Domestic Violence for California on
Answered on Sep 1, 2016

Go through with the eviction or, if you've been abused, get a Domestic Violence Restraining Order and have her move out within a few days.
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Q: If the debtor dies before levy, the creditor continues under the EJL to Sheriff's sale, what title rights are bought?

1 Answer | Asked in Real Estate Law, Tax Law, Probate and White Collar Crime for California on
Answered on Aug 24, 2016

You question deals with two common misconceptions: 1) That a person's debts die with them (not true); and 2) A estate planning trust (a.k.a.living trust or revocable trust) protects property from the Trustor's (the person who set up the trust) debts (also, not true.) Although, a heir or beneficiary cannot be required to use their own funds pay a debt owed by a decedent, unless they were a joint debtor or account holder.

First off, you should know that debts do not die with the debtor,...
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Q: If i bought a house with someone else he passed away does his wife get his half? She was never on the loan or title?

1 Answer | Asked in Real Estate Law and Probate for California on
Answered on Aug 20, 2016

It depends on how you held title. The vesting is usually expressed as "joint tenants" or as "tenants in common." If you are joint tenants, then you will receive his half, since you will have the right of survivorship. If you are tenants in common, then you will not receive his half.
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