California Real Estate Lawyer

If you are a homeowner, investor, renter, tenant, or prospective real estate buyer in California, this article will help immensely. 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 or not.

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 major legal changes that have recently become part of 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 having expert knowledge of all the real estate laws prevailing in the State of 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 various 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.

Why should you hire a real estate lawyer in California?

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 quite 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.
• 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
• Third and last is regarding the complex nature of the 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

Consider this simple advice if you are unsure whether to use an experienced California real estate lawyer near me.

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. Rather, he is a professionally licensed person that 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.

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

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

Real estate attorneys.

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 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 California real estate lawyer 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 his/her 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 title deed’s language 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, the complication that exists in this situation arises 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.’

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 other, 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. Besides helping you understand such matters, an expert California real estate lawyer will advise you and help evaluate multiple options in your situation.

Nonetheless, we believe it is important 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 important real estate laws.

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

1. Real estate laws in California require real estate transactions to use escrow services. Due to this, the buyer deposits the funds, whereas the seller deposits the title deed with the escrow service. It then passes the title deed to the buyer and releases the funds to the seller.
2. When selling a property in California, a title company performs a title search. This company subsequently issues a PTR or Preliminary Title Report. Eventually, this PTR forms the basis for a buyer to obtain title insurance from a company.
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 in identifying whether the seller did conceal any information and if the buyer had any knowledge of it.
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.
5. Properties sold in the State of California are subject to transfer taxes. The county normally imposes these taxes, but, in specific cases, 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
6. Real estate agents should communicate the necessary information and how to use the window security bar to the buyers.
7. Real estate agents should advise property buyers to review the national registry. The purpose of this is to know the locations of sex offenders.
8. Property sellers must disclose all information related to their status and the physical state of the property.
9. 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.
10. Real estate laws in California prohibit a real estate seller and an agent from hiding or falsifying any valuable information to the buyer. Consequently, they may have to compensate the buyer for any damages suffered by him as a result.
11. A buyer of a real estate property in California can cancel the agreement anytime. However, this is subject to the seller’s and agents’ failure to furnish the necessary disclosures to the buyer.
12. In 2020, a new real estate law in California limited the scope of service of home inspectors and property appraisers. 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.
13. With some exceptions, homeowners in California cannot enforce or restrict displaying religious items and symbols on a property door. 
14. Another new law introduced in 2020 now permits tenants to allow residency to a person 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.
15. According to the provisions of a new law introduced in the year 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.
16. 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 completely illegal for a landlord to take any action or threaten a tenant in a way that may constitute revenge.
17. All buildings in California with three or more residences now require inspection of certain exterior built elements. These exteriorly found elements include balconies and any waterproofing elements associated with them. 
18. 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.
19. 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. And 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.