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California Residential Real Estate Legal Questions

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149 legal questions have been posted about residential real estate by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include real estate, easements, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
California Residential Real Estate Questions & Legal Answers
Do you have any California Residential Real Estate questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 149 previously answered California Residential Real Estate questions.
Residential Real Estate
California

Recent Legal Answers

My friend is wanting to gift to me her mobile home for taking care of her for many years and she’s moving out of state. Mobile paid what do we do?

Answered 2 years and 10 months ago by Chris Truc Nguyen (Unclaimed Profile)   |   1 Answer
Go to the California Registration & Tiling website and enter the mobile DecalNumber and see if this is within their authority. If yes, you can complete the registration change by filling out the online form. You will need the original registration and original certificate of title (and have a scannable version for upload as well). If there are any taxes outstanding, you must pay the taxes and get a certificate of tax clearance to also upload before you can submit your application.... Read More
Go to the California Registration & Tiling website and enter the mobile DecalNumber and see if this is within their authority. If yes, you can... Read More

would premises defense lawyer be the right lawyer to protect me against individual and possibly city of LA?

Answered 3 years and 9 months ago by attorney Stephen Arnold Black   |   1 Answer
Turn the matter over to your homeowners insurance company. 
Turn the matter over to your homeowners insurance company. 

property boundary dispute

Answered 4 years and a month ago by attorney Jeffery J. Czech   |   1 Answer
Hello.  Does your neigbor have any documentation or is she claiming she owns it because she used it for so long?  If you beleive this strip of land is your land and is worth fighting over, then you will have to "quiet title" to the strip by filing a suit and seeking an order from the court that this strip belongs to you.  I have done quite a few of these, but they can get expensive because you may have to hire an surveyor.  It also depends upon whether you purchased your house with or without knowledge of her claim to the strip.  We can talk more if you want.  Obviously i need more facts.... Read More
Hello.  Does your neigbor have any documentation or is she claiming she owns it because she used it for so long?  If you beleive this strip... Read More

I purchased a house and found out that someone died in the house within a year and was not disclosed.since then my real estate agent contacted the

Answered 8 years and 9 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You may have a cause of action against the seller and the seller's real estate broker for nondisclosure.  First thing to do is write a demand letter requesting mediation.  Contact an attorney for a full consultation.
You may have a cause of action against the seller and the seller's real estate broker for nondisclosure.  First thing to do is write a demand... Read More

WHY CAN'T I GET TITLE INSURANCE BECAUSE OF QUIT CLAIM DEED?

Answered 8 years and 9 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You'll have to bring your documents to an attorney to review and advise you.
You'll have to bring your documents to an attorney to review and advise you.

Do we need to go through probate to sell my dads house?

Answered 8 years and 9 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Yes, you will have to go through probate to sell the house.  How long it will take and what procedure you will use depends on the value of the house.  Contact an attorney for a full consultation.
Yes, you will have to go through probate to sell the house.  How long it will take and what procedure you will use depends on the value of the... Read More

What to do?A neighbor decided to build a retaining wall and parking platform on our property without permission or permits and refuses to tear it down

Answered 8 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
First, you should obtain a record of survey from a licensed surveyor to verify the location of the encroachment. Next, write a demand letter to your neighbor to remove the encroachment. Then, sue your neighbor in civil court.
First, you should obtain a record of survey from a licensed surveyor to verify the location of the encroachment. Next, write a demand letter to your... Read More

Property Line Dispute

Answered 8 years and 10 months ago by attorney Jonathan Howell   |   1 Answer
Unfortunately this is not the type of dispute that can be determined by a small claims court. A title search would be able to clarify if there is actually a recorded easement and if there isn't it is up to your neighbor to file a suit for a prescriptive easement to establish that they have the right to use the property.  Alternatively you would have several claims that you could file in a regular unlimited superior court action to resolve this matter. Thanks,Jon... Read More
Unfortunately this is not the type of dispute that can be determined by a small claims court. A title search would be able to clarify if there is... Read More

Grand deed without removing deceased name?

Answered 8 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You'll have to record an affidavit and the death certificate removing your father's name from title. I do not suggest your mother transferring the house to you during your lifetime.  She should create a trust that names you as the beneficiary in order to avoid probate at her passing. Contact an attorney for a full consultation.... Read More
You'll have to record an affidavit and the death certificate removing your father's name from title. I do not suggest your mother transferring the... Read More

MAY I ADD A NON RELATED person to my deed

Answered 8 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Yes, you can add a nonrelated person to the title of your real estate.  However, you may be creating issues in the future.  Consult with an attorney before doing so.
Yes, you can add a nonrelated person to the title of your real estate.  However, you may be creating issues in the future.  Consult with an... Read More

Am trying to sue the person who sold me my house.

Answered 8 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You may need a real estate lawyer or litigation lawyer.  Contact a lawyer in your area for a full consultation.
You may need a real estate lawyer or litigation lawyer.  Contact a lawyer in your area for a full consultation.

I have 3 proeperties with Wells Fargo and have recently filed $2.5 million for fruad and other actions regarding all 3 modifciations. need attorney

Answered 8 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Your response is due 30 days from when you were served with the summons.  You can search in your area for a real estate or civil litigation attorney.  Please contact an attorney for a full consultation.
Your response is due 30 days from when you were served with the summons.  You can search in your area for a real estate or civil litigation... Read More

What kind of a lawyer do I look for to help me with loosing my home after it was found that my home was built on my neighbors property.

Answered 8 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
If your home was built on your neighbor's property, you may be liable for encroachment and trespass.  Call a real estate lawyer that would be able to assist you.
If your home was built on your neighbor's property, you may be liable for encroachment and trespass.  Call a real estate lawyer that would be... Read More

Can i get my portion of down payment for mortgage back

Answered 8 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
First, you would try to work this out with your son and his girlfriend. Second, you can have an attorney write a demand letter that they pay you, or else you will sue them for a partition action. Third, you can sue them for a partition action that would request the court to order the property to be sold and the proceeds divided between the three of you. Contact an attorney for a full consultation.... Read More
First, you would try to work this out with your son and his girlfriend. Second, you can have an attorney write a demand letter that they pay you, or... Read More

how can i find a low cost lawyer that will handle a real estate case- my name was removed from title(possible probate)

Answered 8 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
The best way for you to find an attorney is either to start calling around to different attorney's to discuss your case or to contact a lawyer referral service such as your local bar association.
The best way for you to find an attorney is either to start calling around to different attorney's to discuss your case or to contact a lawyer... Read More

In a partition action, will they force me to sell or can I buy out. I already have refinancing ready to go.

Answered 9 years ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You'll have to bring a partition action for a court order to sell the property and to divide the proceeds equitably between the two of you. You can buy the house in the partition action from the other co-owner. You can get credits for payments made on the house, but you will also have to account for the reasonable rents that would have been due for living at the house.  Hopefully, these even out. Contact an attorney for a full consultation.... Read More
You'll have to bring a partition action for a court order to sell the property and to divide the proceeds equitably between the two of you. You can... Read More

If property was quitclaimed to me is there any time limits before I sell in cal?

Answered 9 years ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You can sell the property as soon as you have title to it.
You can sell the property as soon as you have title to it.

Excess Proceeds from Foreclosure

Answered 9 years and a month ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
This is a two step process. First, you'll have to determine whether a probate proceeding is required.  This will depend on the value of your mother's assets and whether she had real or personal property. Second, you will have to file a claim with the court for the excess proceeds, either for your mother's estate, or for your mother's heirs if no probate proceeding was required. Contact an attorney for a full consultation.... Read More
This is a two step process. First, you'll have to determine whether a probate proceeding is required.  This will depend on the value of your... Read More

Two people go 50/50 on a home. A deed is signed under duress by one of the partners, not knowing what she was signing. One keeps the house no buyout

Answered 9 years and a month ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You'll have to send a demand letter to your cousin and then sue her in court for quiet title and related causes of action if she doesn't restore you to title of the home.  Contact an attorney for a full consutation.
You'll have to send a demand letter to your cousin and then sue her in court for quiet title and related causes of action if she doesn't restore you... Read More

Who is responsible for internal damages due to flooding that leaked in through faulty common condo wall?

Answered 9 years and 2 months ago by attorney Jonathan Howell   |   1 Answer
If the leak resulted from an area of the building that the HOA has the responsibility to maintain they are likely to be responsible for the damage. In order to give you a more definite answer I would need to review the CC&R's for the HOA. Feel free to contact me if you are interested in my assistance. Thanks, Jon... Read More
If the leak resulted from an area of the building that the HOA has the responsibility to maintain they are likely to be responsible for the damage.... Read More

I purchased a home in Fontana. I later found out I was misled and my signature was forged. Can someone please help me.

Answered 9 years and 2 months ago by attorney Jonathan Howell   |   1 Answer
I am a little confused about the facts. On what document or documents was your signature forged?
I am a little confused about the facts. On what document or documents was your signature forged?

How do I take my son off my deed he will not take himself off

Answered 9 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You may be able to sue for partition or quiet title, depending on your facts.
You may be able to sue for partition or quiet title, depending on your facts.

I own rental property with my sister. I no longer want it as of July 2016. I had the property appraised, my sister refuses to pay me half. Partition?

Answered 9 years and 2 months ago by attorney Jonathan Howell   |   1 Answer
Hi John, Yes, assuming that your sister will not agree to buy out your interest in the property, the best option would be to file an action for partition.  A partition action is relatively simple and almost always results in a negotiated resolution and/or a sale of the property.  I have handled many of these suits and would be happy to discuss the process with you if you would like. Thanks,Jon... Read More
Hi John, Yes, assuming that your sister will not agree to buy out your interest in the property, the best option would be to file an action for... Read More

I'm having issues with my neighbor who built his fence and is clearly clearly outside of his property lines .it is now impeding on right of way

Answered 9 years and 2 months ago by attorney Jonathan Howell   |   1 Answer
Hi Scott, Typically on something like this we would start with a demand letter, explaining to your neighbor why their fence is in violation of the law and what will happen if they do not voluntarily remove the fence. Much of the time a demand letter will work or will at least lead to negotiation between the parties attorney's that will lead to a resolution. If a resolution cannot be reached, the next step would be to file a lawsuit.   I have personally handled quite a few of these types of disputes and would be happy to discuss this with you. Thanks,Jon... Read More
Hi Scott, Typically on something like this we would start with a demand letter, explaining to your neighbor why their fence is in violation of the... Read More

How do I get out of a California residential real estate contract to purchase? I close in 4 days

Answered 9 years and 3 months ago by attorney Jonathan Howell   |   1 Answer
I am assuming that you aren't represented by a real estate agent? If you haven't removed the loan contingency than you should still be able to get out of the deal based on that ground.  Sounds like there is also a misrepresentation issue regarding the size of the property that you could also likely use to get out of the deal. I would need to review the real estate purchase agreement to be able to advise you with certainty, but typically it is not difficult to cancel when contingencies remain. Thanks, Jon... Read More
I am assuming that you aren't represented by a real estate agent? If you haven't removed the loan contingency than you should still be able to get... Read More
Residential Real Estate
California

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