Real estate law differs depending on the state in which you live. Therefore, it’s important to research the real estate law of your state when you choose to move.

For instance, if a death has occurred on a property in the past three years it’s required under California state law that the real estate agent inform potential property buyers. However, in New York and New Jersey, the real estate agent is not required to inform potential buyers of any death in the home.

Researching your state’s real estate laws doesn’t mean you need to be a professional in the subject. However, before purchasing property in California, it’s important to have as much information about our peculiar laws as possible. Here are five important things you should know about California real estate law before moving to the Golden State:

1. Abandoned property belongs to the state government
   After a series of three years, any property that is lost or abandoned becomes the property of the California state government. You can reclaim the property as your own if it’s been less than three years, but only if you officially reclaim it in the court of law.

 

2. Contracts must be in writing
   Contracts that aren’t in writing are considered invalid under state law. These contracts include commission agreements, licenses, and leases. Have a California real estate lawyer write these contracts for you to avoid any costly mistakes.

 

3. Landlords must give tenants notices of eviction months in advance
   If a tenant has lived in a California apartment for over a year, a landlord is required to give a 60 day notification of eviction before the tenant is forced to leave the property.

 

4. Security deposits for rentals must be returned to tenants
   Security deposits in the state of California are not allowed to exceed the amount of two months rent. This security deposit is then required to be returned to the tenant at the end of the lease unless the tenant failed to pay rent for a given month.

 

5. Real estate agents are required to disclose property defects
   In addition to any death that may have occurred on the property in the last three years, the real estate agent must also disclose any defects of the property to potential buyers. This keeps potential buyers from being surprised by any problems that may come with the house.

Laws on the eviction process, buying a foreclosed home, and zoning restriction differ from state to state. It’s important to understand your new state’s real estate law to be prepared when you decide to look for a new house. For more information on California real estate law, contact the real estate law firm of DiJulio Law Group today.

The real estate process can be difficult if you’re not familiar with real estate law terms and other housing terminology. This, in addition to wanting a greater sense of ease, is often why many potential homebuyers hire a real estate attorney while they’re on the hunt for their dream home.

However, while it is commendable to use the services of a real estate lawyer it may do you well to additionally familiarize yourself with real estate law terms as a means of feeling knowledgeable about your home-buying process.

In California, it takes approximately 40 days on average to close on a home, but learning these real estate law terms will take less than five minutes.

• Adverse Possession — the possession of property of which another owner has title of possession. For instance, if a person erects a fence on another owner’s land and the owner of that land does not object over a series of years the person who erected the fence has the right to take the owner of the land to court as a means of arguing for the land on which they erected the fence, claiming that land to be theirs.

 

• Basis — a property owner’s financial interest regarding that property for their tax purposes.

 

• Closing — the end of a mortgage or sale of a real estate property passed down via a deed.

 

• Escrow — a series of time in which the delivery of the closing deed has been given to a third party to the grantee.

 

• Homeowner’s Association — an organization of people who own homes in a particular area as a means of improving the quality and maintaining the quality of that community.

 

• Market Analysis — an estimated report of the resale value of a given property. A real estate agent typically uses this to compare properties in a given area.

 

• Property Development — also known as real estate development. The design and building of a given property or series of properties.

 

• Personal Property Law — the law that determined one’s personal or movable possessions in the eyes of the law system.

 

• Zoning Restriction — the division of residential, industrial, and commercial districts by state or local government.

Understanding real estate law terms can be a great way to feel in-the-know when going through the real estate process speaking to your real estate attorney. Now that you know this basic real estate terminology, you can feel more comfortable during the search for your dream home!

Popular shows on HGTV have made the idea of flipping houses for profit seem like an easy task. However, before you begin investing in property development, it’s important to understand the flipping process, particularly if you have never bought a house before. If you’re serious about renovating houses for profit, begin by seeking out a real estate lawyer or real estate law firm before considering buying a house.

A real estate attorney understands property development laws and laws concerning the area in which you may decide to flip a house. Unbeknownst to you, without the presence of a real estate lawyer you may accidentally purchase a home within a zoning restriction.

Once you’ve found a real estate attorney, it’s time to begin the process of flipping a house. The following are some tips to begin you on your house-flipping journey.

1. Choose the best area to flip a house
   Potential homebuyers are more likely to choose a house that doesn’t meet all of their wants and needs if it’s in a good neighborhood. Therefore, before you begin looking at houses and property development, get a good feel for the neighborhood. Talk to people about the school systems and do your research on the average crime rate. Looking at the average prices of the houses in the area will also tell you how likely it is you’ll make a profit.
   
   Unless other houses are also being renovated in the neighborhood and are being given a new face, don’t choose an older neighborhood without much class to do your renovation. There’s a big chance you won’t make a sale.

 

2. Know who you’re buying from
   If you’re looking into older properties, there may be a chance that you’ll be buying the house from the California government. Title 10 of the California civil procedures declares properties that have been abandoned as unclaimed. When a property remains unclaimed for three years, the California government then claims the property.
   
   Therefore, when looking at older properties be sure who it is you’re buying the property from. There may be a chance that you need to purchase the property from the state government itself.

 

3. Do inspections
   Your real estate lawyer will urge you to have an inspection done on the property before you decide to purchase it. If you can, have a professional come in and inspect the property for any damage to the flooring, base structure, roof, electric, or water systems. In certain cases, you may not be able to identify particular damage even with an inspection, which is why renovations can be incredibly taxing on one’s budget. However, if the homeowner allows it, an inspection doesn’t hurt to see if the property is really worth your while.

When deciding to go into the business of flipping homes, it’s important to understand the business and real estate side of the process rather than just the design standpoint. A critical mistake such as choosing not to use the assistance of a real estate attorney, buying a home without analyzing the neighborhood, and failing to know who owns the property or failing to perform an inspection can lead to limited sale possibilities if you even manage a sale at all.

It’s important to understand the eviction process in the state of California if you intend to evict your tenants in the Los Angeles area. To begin the eviction process, you must provide your tenants with a series of notices including a 3-Day Notice To Pay Rent or Quit and/or a 30-Day or 60-Day Notice To Vacate.

Los Angeles County is a rent controlled area and therefore it must be known that your 3-Day Notice To Pay Rent may need to be preceded by a Certificate of Registration and a Rent Stabilization Ordinance notice in order to be considered valid.

As a landlord, you are able to file an eviction lawsuit in the form of a Summons and Complaint against your tenant if the tenant does not pay the claimed amount of rent by the end of the 3-Day Notice. However, let it be known a mistake must not be made on the Summons and Complaint by any means. Even the smallest of typographical errors can nullify an eviction notice and cause the landlord to lose the eviction process and case altogether.

When the eviction lawsuit has been filed successfully, the tenant must then be served by the landlord with the Summons and Complaint. After the tenant has been served, a Proof of Service of Summons must be filed by the landlord after which the tenant has five days to answer if personally served and 15 days if they were subserved.

In the event that the tenant has successfully answered the complaint within the established amount of days provided, a Request for a Default may be filed by the landlord. After the default has been filed (two of which must be filed, one on the tenant and the other on others in possession), the landlord must submit a Request For A Clerk’s Judgment followed by a Writ of Attachment.

Over the course of the eviction process, be sure to keep in mind which contracts must be in writing and which can be in print. In the state of California, the Statute of Frauds requires three specific contracts to be in writing: contracts for the sale of real estate leases for more than a year, and any commission agreements between real estate licensees and principals.

Another thing to bear in mind is how the eviction process may differ in the act of foreclosure. Therefore, to ensure you as the landlord are proceeding with the eviction process of your Los Angeles tenants correctly and efficiently, you may consider hiring a California real estate lawyer. A real estate lawyer will be able to catch any typographical errors during the eviction process which may otherwise nullify your eviction and therefore lose your case. Additionally, a real estate lawyer will be able to determine if your tenants’ residence is in a rent controlled area and thus may require ulterior paperwork.

During the eviction process, be sure to keep your tenants informed with the correct notices and to steer clear of any behavior which may otherwise be interpreted as harassment. Any mistake on your behalf may very well result in the loss of your case.

It’s finally happened. You’ve been evicted. What now? If you’re undergoing an eviction case for the first time, the process can become notably stressful because you aren’t sure what to do. Do you pack up all of your things as soon as possible? Will your water be shut off? Do you have to leave the building as soon as you see the eviction notice?

Fear often leads to incorrect conclusions regarding eviction. Be sure that you make yourself knowledgeable about your rights as a tenant before you panic and do something you may not necessarily need to do right away. Here are some common eviction myths busted for your benefit.

Myth #1: You need to move out as soon as possible
To be evicted, you must first be given a written Notice of Termination by your landlord. Whether or not you’ve been evicted with a cause, your landlord must give you a 60-day termination notice, or at least a 30-day notice. They cannot kick you out immediately. The one exception to this rule is the 7-day eviction notice, which can only be issued against you in the case of an extreme breach of the renter’s agreement.

Myth #2: My landlord can turn off my utilities at any time after the eviction notice
Your landlord cannot legally turn off your utilities before you have moved out. This is considered harassment and a landlord can be made to pay you compensation if taken to court.

Myth #3: I can’t challenge my eviction
If brought to court, a judge will hear your eviction case within twenty days of the trial request. But, if the tenant hasn’t been directly named during the case or in the initial complaint for eviction, the tenant has the ability to challenge the eviction during the case or even after judgment has already been made.

Myth #4: There’s nothing I can do if I’ve been evicted because of foreclosure
To evict a tenant in California who has lived on the property for more than a year, the new landlord of a previously foreclosed building must procure a 60-day vacation notice in the event of eviction. If the tenants have a monthly lease the new owner must begin the eviction process with a 90-day notice.

Additionally, tenants can file for a Request for Notice — obtained through a title company — at a local county recorder’s office. This will keep the tenant up to date during the foreclosure process of their building.

If you’re a tenant in California, according to California Courts, “eviction or rent control laws” are there to “prohibit new owners from using foreclosure as a reason for evicting tenants.”

In the likelihood of your eviction case being taken to court, consider hiring a professional California real estate lawyer such as those in DiJulio Law Group, for a smooth eviction process with less stress on your shoulders.