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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 - Page 2
Do you have any California Residential Real Estate questions page 2 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

solar panels on my roof (I do NOT own them) cause nuisance. Can I be sued for causing nuisance?

Answered 9 years and 3 months ago by attorney Jonathan Howell   |   1 Answer
Since you had them installed you would be responsible if your neighbor actually does have a legitimate claim. How bad is the glare? This seems like something the HOA would have almost certainly approved had you sought approval, so I wonder if your neighbor really has a legitimate claim. Happy to discuss with you if you would like. Thanks,Jon... Read More
Since you had them installed you would be responsible if your neighbor actually does have a legitimate claim. How bad is the glare? This seems like... Read More

My ex sister-in-law is on title with me on a home in Arrowhead. I paid her off and now claims that she not paid. pd exp 0f 450k can lien her title?

Answered 9 years and 3 months ago by attorney Jonathan Howell   |   1 Answer
Hi Walter, You can't simply file a lien against her interest, what you need to do is sue her for quiet title.  Did you have a contract, anything showing payment? What were the circumstances that led to you buying her out?Thanks,Jon
Hi Walter, You can't simply file a lien against her interest, what you need to do is sue her for quiet title.  Did you have a contract,... Read More

How to get damages fix by contractor hired by HOA.

Answered 9 years and 4 months ago by Mr. Craig S. Benner (Unclaimed Profile)   |   1 Answer
HOA's can be tricky to deal with and my best advice is to speak with an attorney first.  If you can prove the damages were caused by the HOA's contractor...then the HOA most likely has a duty to fix whatever was done to your property.  (Think about the same scenario in the reverse:  the HOA would come after you ASAP if you had hired a contractor that somehow did damage to the common areas of the development, so the same is true for your situation).... Read More
HOA's can be tricky to deal with and my best advice is to speak with an attorney first.  If you can prove the damages were caused by the HOA's... Read More

Removal of current BOD and select new BOD

Answered 9 years and 5 months ago by Adam Steven Warshaw (Unclaimed Profile)   |   1 Answer
You would need to follow the election procedures in the CC&Rs/By-Laws and the state law.  That requires a proper notice and election.  Your petition has sufficient owners represented to force an election.  To answer further would require a review of the CC&Rs and By-Laws. ... Read More
You would need to follow the election procedures in the CC&Rs/By-Laws and the state law.  That requires a proper notice and election. ... Read More

My neighbor dumped a large pile of dirt at my property line. The dirt is flowing onto my property. What is my recourse?

Answered 9 years and 5 months ago by Adam Steven Warshaw (Unclaimed Profile)   |   1 Answer
what you have is a classic nuisance/trespass case.  You can file a lawsuit to quiet title and compel the neighbor to stop causing dirt to flow across to your land.  Your local department of building and safety may also be contacted; there are ordinances that prohibit placement of uncertified fill in sloping areas and that prohibit dumping spoils from excavation. The local authorities might issue a citation and compel him to remove his dirt pile. ... Read More
what you have is a classic nuisance/trespass case.  You can file a lawsuit to quiet title and compel the neighbor to stop causing dirt to flow... Read More

What is the best procedure for re-doing C C & R's?

Answered 9 years and 5 months ago by Adam Steven Warshaw (Unclaimed Profile)   |   1 Answer
Drafting legal documents and advising a Board as to what should be in the documents is the role of an attorney.  Someone who is not licensed as an attorney is engaging in the unlawful practice of law by doing so.  What that means in practical terms is that if the drafter makes a mistake that causes damage to the Association, it has little in the way of recourse.  An attorney will likely carry malpractice insurance to protect the client.  As for the issue of revisions, depending on how much is needed, the cost may be very modest. ... Read More
Drafting legal documents and advising a Board as to what should be in the documents is the role of an attorney.  Someone who is not licensed as... Read More

Recently bought a home and had a plumbing problem that revealed a black mold issue. I want to know if i have legal recourse against the seller.

Answered 9 years and 6 months ago by Adam Steven Warshaw (Unclaimed Profile)   |   1 Answer
It depends on what sort of proof you have of prior knowledge.  If your inspector (assuming you had one) did not pick up the problem and it was not visible, you are looking at trying to prove a fraudulent concealment case and that requires proof of prior knowledge on the part of the seller.  You will need to speak with an attorney. ... Read More
It depends on what sort of proof you have of prior knowledge.  If your inspector (assuming you had one) did not pick up the problem and it was... Read More

Who can best serve us with re-writing or amending the CCRs of our 6-unit HoA?

Answered 9 years and 7 months ago by attorney Jonathan Howell   |   1 Answer
Any firm that handles transactional HOA work should be able to assist you.  Our firm is located in Orange County, so we aren't real close, but we do represent clients throughout the state. 
Any firm that handles transactional HOA work should be able to assist you.  Our firm is located in Orange County, so we aren't real close, but... Read More

Me and my brother own a home. House is paid off I want to sell but he doesn't. What can I do?

Answered 9 years and 8 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You can sue for a partiiton action requesting that the court order the house to be sold and the proceeds divided between you and your brother.
You can sue for a partiiton action requesting that the court order the house to be sold and the proceeds divided between you and your brother.

Can I quick claim the house to my daughter??

Answered 9 years and 9 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Yes, you can quitclaim your home to your daughter.
Yes, you can quitclaim your home to your daughter.

How can I file a quit claim deed to title my home into my existing trust?

Answered 9 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Yes, you can use either a quitclaim deed or a trust transfer deed to transfer the home back into the trust.  Complete a preliminary change of ownership report and submit it when you record the deed.
Yes, you can use either a quitclaim deed or a trust transfer deed to transfer the home back into the trust.  Complete a preliminary change of... Read More

Rent to own

Answered 9 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You can contact either a real estate agent or an attorney to help you.  I find that most sellers react better to a real estate agent.
You can contact either a real estate agent or an attorney to help you.  I find that most sellers react better to a real estate agent.

Can I get earnest money real estate deposit back. Home failed pest inspection, home inspection showed major problems with heating/air unit.

Answered 9 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
If you are within your contingency period, then you should get all of your earnest money deposit back.  You will not get paid for the home inspection and appraisal.
If you are within your contingency period, then you should get all of your earnest money deposit back.  You will not get paid for the home... Read More

How to delete a Mechanic Lien on my house which has not been enforced after 3 month .Can I sell my house regardless of this Mechanic Lien ?

Answered 9 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
It depends on whether or not the contractor filed suit on the mechanic's lien.  If not, then the mechanic's lien should automatically expire.  The best way to find out is to have your real estate agent order a preliminary title report.
It depends on whether or not the contractor filed suit on the mechanic's lien.  If not, then the mechanic's lien should automatically expire.... Read More

I WAS NOT ABLE TO CLOSE ON TIME THE SELLER NOW WHATS TO KEEP MY DEPOSIT. WHAT CAN I DO TO GET MY MONEY BACK

Answered 9 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
It may depend on the circumstances under which you were not able to close.  If you were within your contingency period and you gave proper notice of cancellation, you should receive your deposit back.  If the seller refuses to return your deposit, then he may be held liable for double damages for wrongfully withholding your deposit.  Call or email an attorney for a full consultation.... Read More
It may depend on the circumstances under which you were not able to close.  If you were within your contingency period and you gave proper... Read More

I wired the money to escrow on closing day

Answered 9 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Yes, this is legal and common.  The funds to close was giving off of an estimated closing statement... this is just an estimate.  You will have to wire additional funds to close.
Yes, this is legal and common.  The funds to close was giving off of an estimated closing statement... this is just an estimate.  You will... Read More

Have agreement signed by both parties stating if property sells, monies loaned must be paid back to me.

Answered 9 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
I believe that you are talking about getting a promissory note secured by a deed of trust recorded against real estate.
I believe that you are talking about getting a promissory note secured by a deed of trust recorded against real estate.

The neighbor below me rebuilt the home raising his electric line into my view. Is this a matter for a real estate attorney or some other type?

Answered 9 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Unforetunately, there isn't a right to a view in California.  Your best bet is to work with your neighbor to put the power lines underground.
Unforetunately, there isn't a right to a view in California.  Your best bet is to work with your neighbor to put the power lines underground.

Does my home automatically before marriage become community property when i do marry?

Answered 9 years and 11 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Your home can only become community property after marriage, not before marriage.  The most common way for your home to transmute from separate property to community property is by paying for the expenses of the home with community funds.  You can change this with a prenuptual agreement.... Read More
Your home can only become community property after marriage, not before marriage.  The most common way for your home to transmute from separate... Read More

How do I respond to a neighbor

Answered 10 years ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
I don't think that this is so much of a legal issue, as it is a good neighborly issue.  Try to accomodate your neighbor's schedule, but at the end of the day, this might be a case where it is better to ask forgiveness than to ask for permission.
I don't think that this is so much of a legal issue, as it is a good neighborly issue.  Try to accomodate your neighbor's schedule, but at the... Read More

On the sale of a SFR - Primary Residence: Dose a Seller Carry back 2nd TD have a minimum term of 5 years in the state of CA?

Answered 10 years ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
The terms of a seller carry back are negotiable and there is no requirement for a five year minimum carryback.  The maximum interest rate is 10%.
The terms of a seller carry back are negotiable and there is no requirement for a five year minimum carryback.  The maximum interest rate is 10%.

If the buyer/listing agent knowingly fail to disclose issues with a property, can you report the agent to someone? the buyer?

Answered 10 years ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
If you want to be compensated for your costs as the buyer for undisclosed material facts that affect the value or the desireability of the home, then you can start with a demand letter to the seller and the seller's broker.  If they don't reimburse you, then you can ask for mediation or arbitration.  Otherwise, you would sue in court.... Read More
If you want to be compensated for your costs as the buyer for undisclosed material facts that affect the value or the desireability of the home, then... Read More

Neighbor tree in out growing and the root keeps on breaking the wall between our properties, the roots are now lifting the pavers in my front yard.

Answered 10 years ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You are obligated to disclose to the buyer an material facts that would affect the desirabilty or value of the property.  If in doubt, then disclose.
You are obligated to disclose to the buyer an material facts that would affect the desirabilty or value of the property.  If in doubt, then... Read More

how to remove a name from deed

Answered 10 years ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You'll have to file a quit claim deed to remove someone from title who is not entitled to ownership of the property. You may also file a partition action to force the person to sell you their share.  Contact an attorney for a full consultation.
You'll have to file a quit claim deed to remove someone from title who is not entitled to ownership of the property. You may also file a partition... Read More

Is is legal for a private lender to request a balloon payment in less than 5 years. Interest rate of 8.5%?

Answered 10 years ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Yes, it is legal to charge 8.5% interest (10% is the max) and it is legal for a baloon payment in three years.
Yes, it is legal to charge 8.5% interest (10% is the max) and it is legal for a baloon payment in three years.
Residential Real Estate
California

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