California Real Estate Legal Questions

An escrow agent is a neutral third-party who is an agent of both the seller and the buyer. The escrow agent can only act with written instructions from both the seller and the buyer. In general, the escrow agent collects the deed from the seller and the money from the buyer and does not complete the transaction by recording the deed until all the conditions of the escrow are met. You will not be paid as soon as you sign the deed. You have to wait until the escrow closes and the deed is recorded for funds to be dispersed according to the escrow instructions. If after the escrow closes you do not get paid, then you may have recourse against the escrow agent.... Read More

Under these facts, the landlord has a lease agreement with the master tenants, and the master tenants have a sub-lease with the sub-tenant (the family member in the garage). When the lease agreement terminates with the master tenants, the sub-lease with the sub-tenant will also terminate. If anyone remains in possession after the end of the lease term, then the landlord can initiate the unlawful detainer proceeding.... Read More

Generally, all of your community property is jointly owned by your wife, whether or not the property is held in a trust or in your name separately.  Your separate property is not community property and is not jointly owned by your wife.  Separate property can become community property if it is paid for with community funds.  You can enter into a written agreement with your wife of what property is your separate property.  Do not try to hide assets from your wife or change the title to property in order to attempt to make it separate property if it is already community property.  I would suggest speaking with a family law attorney for a full consultation.... Read More

The easiest and fastest way for you to recover for the cost of removal of the asbestos would be your insurance company. You may not be able to recover from the previous owners of the condo because they probably didn't know about the asbestos. As for your liability to future tenants or a buyer of the property, you would now have to disclose the existence of the asbestos to absolve yourself of liability from failure to disclose.... Read More

For the tenants belongings left at the premises, a landlord is required under California Civil Code Section 1983 to issue a Notice of Right to Reclaim Abandoned Property. The requirements for the notice are set out in California Civil Code Section 1984. After the notice is given, the tenant has 18 days to reclaim their belongings in writing. The landlord can charge for the removal and storage fees for the property.  After the 18 day period, the landlord can keep the property, sell it, or dispose of it.... Read More

You would probably need at least two actions, a quiet title action and a partition action to properly adjudicate your title to the property and force to the sale of the property with the proceeds divided between you.  One of you could purchase the property from the other in the partition action.... Read More

A quitclaim deed is valid or invalid at the time it is signed and delivered to the transferee.  It does not have to be recorded with the county recorder to be valid.  Changing your status from married to single won't change the validity of the quitclaim deed. If the quitclaim deed was not meant to transfer your interest, but really just to have your sister hold your interest until a future date, then your remedy is to file a quiet title action to have the court grant you your interest.  At the same time, you can file a partition action to have the court order the sale of the home and the proceeds divided between you and your sister.  In the partition action, one of you can purchase the home from the other.... Read More

Do you plan on suing the summer camp for nuisance because of noise?  What time of day or night is the noise?  I think that is a very difficult lawsuit to win.  The summer camp has a right to use their property too, especially if the noise levels are during reasonable hours.  You're not going to get a court to issue an injunction that the summer camp close down.... Read More

It will be extremely difficult to get the same amount for each home.  You can explain to your children that the purchase of the home now is an advance on their inheritance later.  That way, when they get their inheritance, they will still each get half of your estate.   For example, let's say that your estate is worth 20 and each child would receive an inheritance of 10.  You bought a house for Billy for 4 and a house for Sally for 5.  When you pass your estate is worth 11, because you spent 9 on the houses. Bill should get 6 and Sally should get 5.  That way, each received a total of 10 at the end.  I kept the numbers as simple as possible for illustrative purposes.  Add as many zeros to those numbers as you want. Alternatively, you can put the money into two trusts, one for the benefit of each child, and let them buy the house that they want.... Read More

Probably not. The CC&Rs and the Condominium Plan define what part of the complex is yours and what part is open and available to all owners and residents. Your Unit is yours. The Common Area is for everyone, except for areas for common equipment, like furnaces and water heaters, which the HOA might want to control access to. Balconies and Patios which are for the use of just the adjacent owner and no one else, are usually referred to as Exclusive Common Area. If the area outside your bedroom window is not Exclusive Common Area, then anyone can use it. I have written and reviewed lots of CC&Rs. If you would like to hire me to do so and answer your questions, please call me. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    ... Read More

I don't know whether or not the law in Michigan is different, but in California, a listing broker is not entitled to any commission unless the owner signs a written agreement to pay a commission. If that agreement does not say anything about commissions for renewals by the same tenant, then the broker is not entitled to one. Unless the written commission agreement says so, an extension versus a new lease makes no difference. Any judge will see through such a thin subterfuge. But check with a Michigan attorney. The law there might be different. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    ... Read More

As a member of the HOA you have the ability to sue the association to seek to force them to comply with the CC&Rs.   If you comply with the David-Stirling Act, which governs HOA's in California, you would also likely be entitled to recover attorney's fees from the association if you prevailed on your claim. Please feel free to contact if you would like to discuss. Thanks,Jon... Read More

Yes, subsequent transfers do not have any effect on the judgment lien created by recording the abstract of judgment, excepting only a foreclosure sale for a lien which was recorded before yours. That does not prevent the owners from recording all kinds of transfers and new liens, but they all are subject and subordinate to your lien. Your main power is that the owners cannot sell or refinance the property in a transaction where the other side requires title insurance, without paying you off. The title company will insist on getting a release of your lien in order for it to issue the title insurance policy. In theory, you can go through a process to sell the property to enforce the lien. However, there are so many protections for the debtor that it does not work. Still, you could start the process, which includes notifying the debtor's lender, and that might pressure the debtor to make a deal with you. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

You desperately need to make peace with your HOA and HOA Board. They can assess fines and penalty assessments. They can hire an attorney to enforce the CC&Rs and collect unpaid fines and penalty assessments. The attorneys fees get added to what you owe. Ultimately, the HOA can have the attorney sell your unit to pay what's owed, and do all of the that without ever suing you or going to court. As soon as you get the shed removed and correct all their other complaints, then you can ask them to cancel any fines. They don't have to, but if you ask nicely and point out how much money you have lost buying and then getting rid of the shed and correcting their other complaints, maybe they'll have pity on you. This is the age of the victim. No one wins trying to bully the other side. Victims win by generating sympathy. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

it is in Revenue and Taxation Code §63.1. You are required to file a form to claim the exemption. It is Board of Equalization  (BOE) form 58. It is available on BOE's website and your county assessor's website. When your son transfers the house to you and when you pass away or for any other reason transfer the house back to him, both times you will have to pay a county transfer tax of $1.10 per thousand dollars of value. Some cities have their own additional transfer taxes, to help fill deficits created by Prop XIII. In Oakland and Berkeley, it's an additional $15.00 per thousand dollars of value. "Thousand dollars of value" means that if the value is $100,001.00, you pay $15.00 x 101, not 100. They round up to the next thousand, not to the nearest thousand. Since it costs so much to make each transfer, I rarely see transfers from a junior generation to a senior generation. Why would you want to do this? If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

First, your real estate agent was an employee of a real estate broker. The broker is the one who owes you any further assistance. Just because one of its employees left the company does not end the company's responsibility to you. Second, the real estate brokerage company which represented you owed you a duty to thoroughly inspect the property and notify you in writing of any apparent defects and of any apparent sign of possible defects which you might want to further study and inspect, maybe by hiring an expert. Third, the sellers and the sellers' broker owed you a duty to disclose to you, in writing, any defects about which they had actual knowledge and which you could not see by performing a reasonably thorough visual inspection of all accessible portions of the property. That means that if you could have seen it, then the sellers and their broker did not have to tell you about it. Finally, statutes of limitation set deadlines of 2 years for claims against the brokers for failure to discliose, 3 years for claims against the sellers for failure to disclose, and 4 years against the sellers for breach of contract. However, the city can start assessing daily fines for substandard condtioins, assess charges for re-inspecting the property to see if you are fixing the problems, and all those fines and charges become liens on the property. So don't wait. If the sellers and the brokers have been asked to take care of the problems, and they haven't said yes, they'll fix things, then you need to get started on hiring people and applying for permits ASAP. If you don't, instead of being the victim, the city is going to treat you as just another "bad guy," and start punishing you. So what are the problems? If you hire me, the first thing I will want to do is see the PSA, the TDS, the title report, and all the other disclosure documents, and all emails and other communications before and after the sale regarding the problems. I would charge you $300.00 per hour to review all those items and provide you with a strategy and a description of your rights and options. It would take 1-2 hours. Then you can decide what to do next. Dana Sack 510-286-2200  ... Read More

Yes, all lawsuits are expensive. A litigation guaranty from a title company is needed. The premium depends on the value of the property, but budget at least $500.00. Filing the lawsuit is $425.00. Serving each defendant will be at least $75.00 each. A notice about the lawsuit should be recorded. That requires a certified copy from the court's clerk and then recording it with the recorder's office, and then serving it on al the defendants. And I haven't even gotten to the lawyer's fees. The court will probably appoint a receiver or a referee to sell the property. You and your co-owner pay that person's fees. You will incur a full 6% commission and about 1% in other closing costs. To get full value, someone is going to have to advance funds for some clean-up and sprucing up of the property, and for staging (temporary furniture). If the other owner or a tenant is occupying the property and refuses to leave, a court order will be required. More legal work and delay. In the end, there will be a hearing to approve the sale negotiated by the receiver or referee. Many judges will allow open bidding at that hearing. If the judge follows that procedure, it tends to lower the price offered by the buyer signing the contract, since that seller could be overbid. On the other hand, I have seen the bid price at such a hearing, as much as double the contract  price. More often, the buyer gets a bargain. If you hired me, I would start by explaining all of this to your co-owner, in order to persuade her or him to agree to a sale or refinancing to buy you out. I have never had to actually file a partition action. As a compromise, you might end up paying your co-owner's loan fees to refinance or moving expenses to move out. Such a compromise would be a lot cheaper than a lawsuit. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More

That is going to depend entirely on details of the listing contract and details of the facts. For example, a lawyer reviewing the contract might identify a loophole that you have not noticed. If the sales agent hasn't done any substantial work or invested any money in marketing the property, yet, then the agent's broker might not mind too much cancelling the contract. The broker will want to know why and might offer to take over the listing directly or assign it to a more experienced and more successful agent. For a routine sale of a single family home or condominium, a listing contract is never for over a year, rarely for more than 6 months. On the other hand, a sale of raw land for development can easily take more than a  year to find a suitable buyer. Both require investments by the broker of time and money to market the property. It may be too soon to expect results, depending on the type of property you are trying to sell. If the agent or broker has not performed, it might be possible to terminate for breach fo the contract by the broker. if the length of the contract was a surprise to you, maybe the result of a hidden automatic renewal provision, that long term might be unenforceable under the doctrine of unconscionability. Your really need to sit down with a real estate attorney. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

Every individual can give $11,000.00 each to as many people as she or he wants, every year. That means that a husband and wife can give $11,000.00 per year each to each of their children and each of their grandchildren. If they had two childrena nd four grandchildren, that's $132,000.00 per year. This $10,000.00 per donor per donee per year rule is called the annual gift tax exclusion. Such gifts do not count towards a decedent's lifetime estate and gift tax credit. Each person can give away an additional $5,340,000.00 during the peron's life and when the person dies. For a married couple, if the first to die does not give everything to the survivor, this can allow a total of $10,680,000.00  to avoid estate tax, in addition to lifetime gifts under $11,000.00 and gifts to IRS acknowledged charities. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

First, I would talk to the President of the HOA Board of Directors and to any of the directors you know personally. If they won't help, then your CC&Rs REQUIRE the HOA to have an Internal Dispute Resolution process. Check your CC&Rs and follow the process. If your CC&Rs don't have such a provision, then there is a default IDR providion in the Davis Stirlilng Act in the California Civil Code. It requires the Board to appoint someone to discuss the problem and try to work it out. If that doesn't work, next you want to request mediation by a neutral independent third party. That means somone who is not in the HOA and not with the management company. There are lawyers, retired judges, and other professionals who have special training and experience helping opposing parties negotitate compromises. Check your CC&Rs. They may provide for such a process. Again, the Davis Stirling Act REQUIRES the HOA Board to participate. If the Board stil refuses to replace the roof and inspect behind the walls, ceiling and floor for dry rot and mold, then you may need to go to arbitration or a lawsuit. Check your CC&Rs, some require mediaion or the appointment of a referre by a court judge. Don't stop paying your monthly assessments. They have nothing to do with this problem, and the HOA needs them to do what it needs to do in the way of operations and maintenance. The HOA has the power to assess late charges and penalties, to put a lien on your home, and to sell your home to pay the delinquency. The attorney fees for all of this get added on and can end up costing more than the unpaid monthly dues and late charges. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read More

No. The appraiser worked for the bank. Therefore, you cannot sue the appraiser for breach of contract or negligence. The appraiser's work product is opinion. Therefore, you cannot sue him for defamation (i.e. libel). FHA makes loans for as much as 90% or even 100% of the appraised value. Therefore, it instructs its appraisers to use especially conservative standards. Using those standards, it is possible that the nearest "comparable" sales might actually be those 2 year old and 4 year old sales. Appraisals always lag the market. They are based on past sales. If the market is rising, that means the appraised value is low. If the market is falling, that means the appaised value is high. Today's market also includes foreigners paying all cash. Compared with per square foot prices in some crowded foreign markets, our local per square foot prices look like bargains. So those buyers are willing to pay extraordinary prices. Because they are paying all cash, they don't have a lender and a lender's appraiser to tell them the price is above market. That is pushing up prices, but some local lenders are aware of this and are discounting or ignoring comparable sales where there is not an institutional loan paying a portion of the price. Turn your broker loose to market and sell your property. Maybe the broker will find a buyer who is not looking for a 90% or 100% loan. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  ... Read More