California Real Estate Lawyer

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“Whether you plan to buy or sell a real estate property in the Golden State, you must understand California’s prevailing real estate laws. In this article, we discuss some of the most important real estate laws in California. We also consider the importance of finding the best California real estate lawyer near me with free consultation.”

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California Real Estate Lawyer

If you happen to be a homeowner, investor, renter, tenant, or prospective real estate buyer in the State of California, this article will immensely help you. In this article, we cover two broad aspects of the real estate arena in California.

 

How will this article on “California Real Estate Lawyer” help you?

First, we highlight the main reasons and the importance of hiring a California real estate lawyer. Because California is one of those states in America that do not require a California real estate lawyer at closing, many people remain unsure whether they should hire one.

Therefore, our inclination would be toward explaining factors other than the obligation to hire real estate lawyers in conformity with state laws. These factors justify my need to consult a California real estate lawyer near me.

In the second section of this article, we present a concise but comprehensive account of significant legal changes that have recently become part of the real estate law in California.

While our best and expert California real estate lawyers near me at Attorneys Real Estate Group are always willing to help you with all your real estate matters, we still need people to familiarize themselves and obtain a basic understanding of changes in the real estate law in California.

So, let’s begin.

 

What does it mean by a California real estate lawyer?

A California real estate lawyer near me is a professionally licensed individual with expert knowledge of all the laws prevailing in California.

These law practitioners hold professional competence and understanding of various real estate matters relevant to California real estate. Based on this approach, a California real estate lawyer can guide you on multiple aspects of a real estate transaction.

This ensures a smooth run of all activities from the beginning until the closing of a real estate transaction.

 

How to become a real estate Lawyer?   

As with any other field of law, the minimum requirements for becoming a Real Estate Lawyer are the same. After earning a Bachelor’s Degree, you must pass the Law School Admission Test. You must have a Bachelor’s degree and pass the Bar Exam to be licensed by your state. 

Employers may also prefer to see three to five years of real estate experience. To improve their chances of landing a real estate career, lawyers may choose to earn a Master of Law in Real Estate. Real Estate Attorneys may work in established law firms, for real estate companies, or as private practitioners. The duties and responsibilities of a real estate attorney are primarily transactional. 

This includes drafting contracts, reviewing mortgage and leasing agreements, and other documents. The essential skills are practical oral and written communication, analytical, leadership, conflict resolution, and research—collaboration, networking, and speaking.

 

Why should you hire a real estate lawyer in California?

What do real estate attorneys do? Hiring a California real estate lawyer for assistance in your real estate affairs is a decision you will hardly ever regret. Even though the State of California does not require the presence of a real estate lawyer during any stage of a real estate transaction, hiring one is highly recommended.

And why do we recommend it? Well, it is because of the following relatively simple and easy-to-understand reasons.

  • First, in various instances, real estate transactions require tackling complex issues. A California real estate lawyer ensures that all legal technicalities are carefully tackled under professional supervision.
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  • Second, considering the significance of a real estate transaction, you should always prefer having an expert opinion. This is because real estate transactions involve huge stakes. In a worst-case scenario, for example, even a small mistake or negligence can easily deprive you of your ownership title.
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  • Third and last is the complex nature of real estate law itself. Real estate law in California has undergone several alterations during the past few years. Having a basic knowledge of any changes in the legal environment is one thing, but understanding its impact on your interest is another. A California real estate lawyer can help you comprehend and attend to your real estate affairs with your best interest in mind.

 

Hiring an experienced real estate lawyer near me – The main advantage

If you are unsure whether to use an experienced California real estate lawyer near me, consider this simple advice.

In any real estate transaction, while you can also rely on your real estate agent, remember that no one represents you better than an experienced California real estate attorney near me.

An experienced California real estate lawyer near me is not just more knowledgeable and an expert in real estate law. Instead, he is a professionally licensed person who holds your exclusive interest in mind.

At all stages of a real estate transaction, a California real estate lawyer will not just represent you but will also ensure that your interest is –

  • being kept well-protected at all times and
  • never compromised under any circumstances.

This key advantage can be only availed when you retain the best real estate lawyer in California from Attorneys Real Estate Group.

 

California real estate

An experienced California real estate lawyer can help you make legal decisions and precisely structure the property title.

 

Real estate attorneys – Finding help to resolve issues with the property title

One primary reason for hiring an expert California real estate lawyer is to structure property titles. A poorly structured title can raise issues and ambiguities and may also inaccurately reflect your intentions regarding the legal rights and obligations of owning a property.

An experienced California real estate lawyer can help you make legal decisions and precisely structure the property title. He can review title documents and advise on the necessary changes so that every detail therein represents your true intentions.

 

Not involving a real estate attorney – An example of a complication due to an incorrect title document

Real estate matters and transactions that do not involve a real estate lawyer California may contain chances of striking legal complications. This can be because of any unidentified mistakes in the title document.

For instance, in the case of a particular property where there is more than one owner. Under such a situation, the property title can take either of the two forms. These are –

  1. Tenants in Common and
  2. Joint tenants.

 

1. Tenants in common

When two or more persons own a piece of real estate property together as ‘Tenants in Common,’ in the event where one person dies –

  • the deceased person’s share or interest in the property passes on to their legal heirs and
  • not towards the remaining or surviving owners of the said property.

 

2. Joint tenants

When two or more persons own a piece of real estate property together as ‘Joint Tenants’ if one person dies –

  • the surviving owners receive the deceased person’s share or interest in the jointly owned property.

 

A complication that arises due to an incorrect title document

As per California’s real estate law, the language of the title deed should be clear. This means mentioning details using language that accurately reflects the true intention of the joint owner. This will help ascertain whether it is a ‘Tenants in Common’ or ‘Joint Tenants’ case.

However, this situation becomes complicated when the title deed lacks clarity in stating the facts. If a title deed cannot justify the existence of a ‘Joint Tenancy,’ the presumption will be to consider it as ‘Tenants in Common.’

 

california-real-estate-attorney-near-me-with-free-consultation

Real estate laws in California require real estate transactions to use escrow services.

 

Recent changes in the California real estate law – Everything that you need to be aware of

 

Situations where real estate attorneys can provide help

During the past few years, much has changed in the real estate laws prevailing in the Golden State of California. There have been a few significant alterations, improvements, additions, and deletions. All these changes, in one way or another, either individually or together, are bound to affect your rights as a Californian homeowner or real estate buyer.

To understand the propensity of these legal changes, you should always consult an experienced California real estate lawyer near me. In addition to helping you with such matters, expert California residential real estate lawyers will advise you and help you evaluate multiple options.

Nonetheless, we believe it is essential that you have at least some basic information regarding these changes and the impact they have on your interests.

For your ease, we have numerically listed summaries of California’s most influential real estate laws.

 

California real estate law matters that require legal help from real estate lawyers in California.

What do real estate attorneys do with California real estate law matters?

  1. California real estate laws require real estate transactions to use escrow services. The buyer deposits the funds, whereas the seller deposits the title deed with the escrow service. The escrow service temporarily holds these things until both parties’ legal obligations have been fully satisfied. It then passes the title deed to the buyer and releases the funds to the seller.
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  2. When selling a property in California, a title company performs a title search and subsequently issues a PTR, or Preliminary Title Report. Eventually, this PTR forms the basis for a buyer to obtain title insurance from a company.
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  3. If a seller conceals a known defect, the buyer can sue the seller. During this case of fraudulent misrepresentation, a California real estate lawyer can help to establish material facts and evidence. This helps identify whether the seller concealed any information or not and if the buyer had any knowledge of it.
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  4. According to California’s real estate law, agents must provide complete documentation about a property’s paint history. This involves two things. First, a state-accredited inspection. And second, disclosure about the existence of lead paint on the property and its potential risks.

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  5. Properties sold in the State of California are subject to transfer taxes. These taxes are usually imposed by the county but, in specific cases, by the city. However, there is a slight variation in who pays the transfer tax. In Northern California, it’s levied on the buyer, whereas, in the Southern part of the state, it is generally the seller who pays.
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  6. Real estate agents should communicate the necessary information to buyers using the window security bar.
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  7. The real estate laws in California dictate two requirements regarding smoke detectors in housing units. First, a smoke detector must be installed outside each sleeping area in a housing unit. Second, a house seller or the agent should furnish written evidence about the presence of a smoke detector.
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  8. Real estate agents should necessarily disclose information about the demise of any person on the property being transacted. This applies to any deaths that may have happened during the last three years.

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  9. Real estate agents should advise property buyers to review the national registry. The purpose of this is to know the locations of sex offenders.***
  10. Property sellers must disclose all information related to their ownership status as well as the physical state of the property.
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  11. Details pertinent to property taxes, property features, and working conditions of any appliances should also be disclosed.
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  12. The real estate agent or broker should also furnish the real estate transfer statement. This statement contains information about any agency relationship between the seller and the real estate agent, the sales price, and whether the commission due to the agent is negotiable or not.

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  13. Real estate laws in California prohibit a real estate seller and an agent from hiding or falsifying any valuable information to the buyer. But despite this prohibition, if any helpful information is intentionally or unintentionally concealed from the buyer, the seller and his agent will be held accountable. Consequently, they may have to compensate the buyer for any damages suffered by him as a result.
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  14. If a real estate transaction is subject to being financed by a lender, such lender must disclose certain necessary information. This includes notice of loan servicing transfer, information about advance fees, credit lending terms, and if the lender has promised to compensate the agent.
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  15. A buyer of a real estate property in California can cancel the agreement anytime. This, however, is subject to the failure of the seller or agents to furnish the necessary disclosures to the buyer.
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  16. In 2020, a new real estate law in California limited the scope of service of a home inspector and property appraiser. Home inspectors now cannot give any opinion on the property value they inspect. Similarly, real estate property appraisers cannot perform the duties of a home inspector.

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  17. With some exceptions, homeowners in California cannot enforce or restrict displaying religious items and symbols on a property door. However, if such religious ornaments pose specific threats, violate any law, or even cause hindrance to the property doors, they should be taken away.
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  18. Another new law introduced in 2020 now permits tenants to allow residency to a person who might be at risk of homelessness. Irrespective of the lease or rental agreement terms, this new real estate law applies to all tenants, allowing occupancy with the landlord’s approval.
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  19. According to the provisions of a new law introduced in 2020, there is now a reduction in security deposits from service members. For an unfurnished residence, landlords may only collect a one-month security deposit. This limit extends to two months for furnished properties.
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  20. California real estate lawyers can also help tenants and landlords with issues related to domestic abuse. As per a 2019 real estate law in the State of California, it is entirely illegal for a landlord to take any action or threaten a tenant in a way that may constitute revenge.

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  21. All buildings in California with three or more residences now require inspection of specific exterior built elements. These exteriorly found elements include balconies and any waterproofing features associated with them. In this case, the inspection should be conducted by a licensed civil engineer or a city inspector. Further, this inspection is recurring and should happen every six years.
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  22. According to a new California real estate law of 2019, a three-day notice bill was approved. Judicial holidays, as well as Saturdays and Sundays, do not count as notice periods now.
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  23. Wildfires are a regular occurrence in California, sometimes even causing a state of emergency. As per a new law of 2019, raising prices of specific goods and services by more than 10 per cent during such crises is now illegal. In the case of real estate, landlords are also prohibited from increasing their rental charges during such hard times.
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  24. Another addition to the real estate law in 2019 was to allow landlords to accept third-party payments under certain circumstances. However, it is worth noting that this act does not establish a tenancy agreement between the landlord and the third party. The person (third party) making a payment, in this case, should be aware of this and must acknowledge this fact.

 

Expert California real estate licensed lawyers near me at Attorneys Real Estate Group

 

Keeping an oversight on your real estate matters in compliance with the legal developments

By having a team of experienced California real estate lawyers near me, we have always tried hard to maintain and add value to our client’s interests. To make this possible, our team of expert California real estate lawyers is always on the urge to pursue recent developments in all laws related to real estate property.

By complying with such high standards, Attorneys Real Estate Group tends to be among California’s top-rated real estate law firms. Overall, our California real estate attorneys are continuously striving to keep in the loop with all the recent developments in real estate.

Because of this, you can be confident that our oversight of all your real estate affairs comes with a promise to furnish all legal compliance in an up-to-date and timely manner.

Give us a call or visit our website at Attorneysre.comYou can also get free legal consultation by filling out the form at this link. One of our attorneys will get back to you quickly and gladly assist you.

We look forward to welcoming you soon.

Alec Stroup

ALEC STROUP Associate Attorney  Roseville Office  1-866-471-6981  info@attorneysre.com Alec...

Hedy Ghavidel

HEDY GHAVIDEL Managing Attorney  Roseville Office  1-866-471-6981  info@attorneysre.com Bio...