“Whether you are planning to buy or sell a real estate property in the Golden State, you must understand the prevailing real estate laws in the state of California. In this article, we discuss some of the most important real estate laws in California. Additionally, we also consider the importance of finding the best California real estate lawyer near me with free consultation.”
If you happen to be a homeowner, investor, renter, tenant, or prospective real estate buyer in the State of California, this article will be of immense help to you. In this article, we cover two broad aspects of the real estate arena in the state of California.
How will this article on “California Real Estate Lawyer” help you?
First, we begin by highlighting the main reasons and the importance of hiring a California real estate lawyer. Because the state of California is one of those states in America that do not require presence of a California real estate lawyer at closing, many people remain unsure as to whether they should hire one or not.
Therefore, our inclination would be towards explaining factors other than the obligation to hire real estate lawyers in conformity with state laws. These factors will justify the need to consult a California real estate lawyer near me.
In the second section of this article, we present a concise but overall comprehensive account of major 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 out with all your real estate matters, we still feel the need for people to familiarize themselves and obtain a obtain 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 that are 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 very beginning till the closing of a real estate transaction.
Why should you hire a real estate lawyer in California?
Honestly, hiring a California real estate lawyer for assistance in your real estate affairs is a decision that 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, real estate transactions on various instances require tackling complex issues. Having a California real estate lawyer ensures that all legal technicalities are being 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 and in a worst-case scenario for example, even a small mistake or negligence can easily deprive you of your ownership title.
- Third and last of all, 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 as well as 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 still unsure about whether to use an experienced California real estate lawyer near me or not, 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. 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 the services of an expert California real estate lawyer is to structure property title. A poorly structured property title can raise issues and ambiguities. It may also inaccurately reflect your intentions as to the legal rights and obligations that arise from owning a property.
An experienced California real estate lawyer can help you take legal decisions and precisely structure the property title. He can review title documents and advice on the necessary changes so that every detail therein represents your true intentions.
Not involving a real estate attorney – Example of a complication due to 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 situation, the title of the property can take either of the two forms. These are –
- Tenants in Common, and
- 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 towards 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’, in the event where 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 incorrect title document
As per the real estate law in the state of California, 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 case of ‘Tenants in Common’ or ‘Joint Tenants’.
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 the 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 the most important real estate laws in California.
California real estate law matters that require legal help from real estate lawyers in California
- 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. The escrow service temporarily holds these things until all legal obligations by both parties have been fully satisfied. It then passes on the title deed to the buyer and releases the funds to the seller.
- 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 title insurance company.
- If a seller conceals a known defect, the buyer of a property holds the right to 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 or not and if the buyer had any knowledge of it.
- As per California’s real estate law, real estate agents need to 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.
- Properties sold in the State of California are subject to transfer taxes. These taxes are normally imposed by the county but in specific cases by the city as well. However, there is a slight variation as to 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.
- Real estate agents should communicate necessary information and the way of using the window security bar to the buyers.
- The real estate laws in California dictate two requirements regarding smoke detectors in housing units. First, outside each sleeping area in a housing unit, there must be a smoke detector installed. And second, a house seller or the agent should furnish written evidence about the presence of a smoke detector.
- 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.
- Real estate agents should advise property buyers to review the national registry. The purpose of this is to have knowledge about the locations of sex offenders.***
- Property sellers must disclose all information related to their ownership status as well as the physical state of the property.
- Details pertinent to property taxes, features of the property, and working condition of any appliances, should be as well disclosed.
- 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, sales price, and whether the commission due to the agent is negotiable or not.
- 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 valuable information is intentionally or unintentionally concealed from the buyer, the seller and/or his agent will be held accountable. Consequently, they may have to compensate the buyer for any damages suffered by him as a result.
- If a real estate transaction is subject to being financed by a lender, such lender also holds the obligation to disclose certain necessary information. This includes notice of loan servicing transfer, information about any advance fees, terms of credit lending, and if the lender has promised to provide the agent with any compensation.
- A buyer of a real estate property in California holds the right to cancel the agreement at any given time. This, however, is subject to the failure of the seller and/or agents to furnish the necessary disclosures to the buyer.
- In 2020, a new real estate law in the State of California put a limit on the scope of service of a home inspector and property appraisers. Home inspectors now cannot give any kind of opinion on the value of the property that they are inspecting. Similarly, real estate property appraisers cannot perform the duties of a home inspector.
- 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 certain types of threats, violate any law, or even cause hindrance to the property doors, they should be taken away.
- Another new law introduced in the year 2020, now permits tenants to allow residency to a person who might be at risk of homelessness. Irrespective of the terms of the lease or rental agreement, this new real estate law applies to all tenants allowing occupancy with the approval of the landlord.
- 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.
- 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 kind of action or threaten a tenant in a way that may constitute revenge.
- All buildings in California that have 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. The inspection, in this case, should be conducted by a licensed civil engineer or a city inspector. Further, this inspection is of recurring nature and should happen after every six years.
- 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.
- Wildfires are a normal occurrence in the State of California, sometimes even causing a state of emergency. As per a new law of 2019, raising prices of certain goods and services during such emergencies by more than 10 percent is now illegal. In the case of real estate, landlords are also prohibited from increasing their rental charges during such hard times.
- 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 as these, Attorneys Real Estate Group tends to be among the top-rated real estate law firms in California. Overall, our California real estate attorneys are continuously striving to keep in 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.
Simply, give us a call at 916-702-8443 or visit our website at Attorneysre.com. You can also get free legal consultation by filling in the form at this link. One of our attorneys will get back to you as quickly as possible and will be glad to assist you. We look forward to welcoming you soon.