California Real Estate Law: Everything You Need to Know

foreclosureReal estate problems are overwhelming and complicated for all parties involved. There are legalities regarding so many specific details that it’s almost impossible to know everything. Although consulting with professionals is recommended, it also helps to be knowledgeable on some real estate issues.

Here are a few important things that all California residents should know:

  • Closing Time — Every situation is different, but on average, it takes approximately 40 days to close on a house. Working out the exact details should be done so there are no surprises, but 40 days should work as a rough estimate for most housing deals.
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  • Property Law — Under title 10 of the California Civil Procedures Code, a property that is abandoned or lost shall be classified as “unclaimed property.” An unclaimed status can last for three years. Afterwards, the property escheats to the California government if it has yet to be claimed.
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  • Foreclosure Process — Approximately one out of every 200 homes will be foreclosed upon. California law requires proper notice and enough time to pay before a home is sold in a foreclosure sale.
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  • Eviction Process — Landlords must provide at least 60 days’ notice to a tenant in the event of an eviction. The tenant must have a sufficient amount of time to vacate the premises. This rule only applies to tenants who have lived on the property for more than one year.
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  • Disclosure — According to California law, real estate agents are required to disclose any information regarding a death occurring on the property within three years before a sale.
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  • Required Documents — The Statute of Frauds in California requires three types of documents to be in writing at the time of the sale:
      • Commission agreements between parties.
      • Leases over one year.
      • Real estate licensees and contracts.

       
      This information is important to know and can assist you with issues regarding a property. However, it’s important to consult with experienced and professional real estate attorneys before, during, and after any property transaction. Whether it’s a foreclosure, eviction, home sale, or apartment rental, professional real estate agents can help.

      Contact DiJulio Law Group today for assistance

Information That Every Real Estate Lawyer Should Know

personal property lawEverything can seem complicated when dealing with property. The selling process is complected, the buying process is complicated, and almost every other aspect of property is complicated, especially property law.

Working with an experienced and qualified real estate lawyer is important so you don’t get yourself into more issues down the road. There are many things that professional lawyers dealing in real estate should know. Especially for the experienced ones who have dealt with various property law cases, it’s important they are knowledgeable about all aspects of real estate.

Inspection Process
One of the most important parts of any sale or purchase of a home is the inspection. Just stopping in quick to look at how the previous tenants arranged their furniture is not enough. According to the National Association of Realtors, 77% of home-buyers have their inspection done before they finalize the purchase. This is important because if you wait until you’ve already made the deal, you could be faced with some nasty surprises on your property. Inspections should be done before, during, and immediately after the purchase of any home.

Eviction and Foreclosure Process
Depending on your situation, a foreclosure or eviction can be even more stressful than any other aspect of property ownership. There are various laws that real estate lawyers should be aware of regarding these issues. A tenant should be properly notified well before the foreclosure sale is final, and the tenant at risk of foreclosure should have ample time and opportunities to pay before their property is sold. As far as evictions go, Californian landlords are required to provide at least 60 days’ notice to a tenant so they have enough time to vacate the property. These property law cases can be some of the most complicated to deal with. Make sure your lawyer is up to it.

Purchasing Process
The finances involved with real estate should be handled with the utmost professionalism and accuracy. Every dime should be accounted for and your lawyer should know every single word of any and all contracts so there are no surprises. The duration of the sale depends on each specific contract, but you and your lawyer should determine a closing date. On average, it takes about four to 10 weeks to close on a house but that varies depending on the state.

There is a lot more important information you and your lawyer should keep in mind when dealing with your real estate as well. If you’re in need of a California real estate lawyer who has experience in various property law cases, contact DiJulio Law Group today!

Things You Should Know About California Real Estate

personal property lawBuying, selling, renting and owning property can be a tremendous hassle. If you’re unaware of what to do, you can easily become overwhelmed and miss out on important steps of the real estate process. Some of these mishaps can even cause legal trouble down the line, which is why it’s so important to consult with the pros.

Working with a real estate attorney who is knowledgeable on personal property law, foreclosures, renting property and various other aspects can prevent any issues involving your purchase or sale. In California, real estate law is a little different than other states and if you’re not from there or you’re not too knowledgeable on the topic, you’ll need help from experienced professionals.

Disclosure of Information
In California, real estate law states that it is required that all real estate agents inform you — the property buyer — about any death that has occurred on the property within three years of the sale. Experienced real estate attorneys know this, and the ones that try and sneak around important information like this shouldn’t even be in the industry. With regards to renting, a landlord in California must provide at least 60 days’ notice to the tenant informing them of an eviction.

Personal Property Law
Title 10 of the California civil procedures code states that any personal property that is lost shall be classified as “unclaimed property.” Personal property holds its unclaimed status for three years — as long as no one claims it — and is then transferred to the California government. Working with experienced attorneys who have been through numerous personal property law cases can help you get through any property law situation.

Documents Needed
To avoid any fraudulent issues in the future, it’s required that a few specific documents are in writing and readily available.

  • You must have all your leases documented and stored.
  • Document any and all commission agreements between realtor and buyer/seller.
  • Written contract for the actual sale or purchase of that property.

Price
The real estate price obviously varies depending on specific factors of each property. Zillow.com released a study in 2015 showing that the median price for home sales in California, however, was $393,000.

There are so many factors that go into buying and selling a property. It’s important to work with experienced professionals that you can trust. If you’re in need of real estate assistance, call us today!

Importance of Real Estate Law: Be Knowledgeable and Know Who to Call

real estate lawRenting or owning property can be extremely stressful if you’re not in an ideal situation. Whether it’s an issue with your finances, the area where you’re living, or the property owner, things sometimes don’t work out and major problems can arise.

Real estate law varies from state to state, and it’s extremely important to be knowledgeable on your state’s laws. Knowing what and what not to do when it comes to renting or owning property can save you from stressful situations down the road.

Although you should have some knowledge about the laws regarding your property, as long as you are in contact with professionals, it shouldn’t be an issue. Knowing when to contact a real estate law firm that can get you in touch with experienced and professional real estate lawyers can save you from renting or owning troubles.

Here are some basic tips and information regarding property law that can potentially benefit you in the future.

  • Eviction — If you’re in the middle of an eviction and it is heading to court, a judge will decide the eviction case within an average of 20 days after you or the landlord originally filed the court request.
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  • Foreclosure — In 2013, one out of every 96 homes reported a foreclosure filing. That number is up to one out of every 200 homes now. There are strict laws in place throughout each state regarding foreclosures. The proper amount of notice and opportunities to pay must be given to the tenant before the property can be foreclosed upon.
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  • Purchasing — Once you have entered into a real estate contract for purchase, the amount of time it takes to close will depend on the specifics of that contract. A closing date, however, should be specified or at least an expected number of days before closing. Typically, the closing process takes about four to 10 weeks.

Porperty renting or ownership can be stressful if you’re in a tough situation. All you can ask for is fair treatment and that’s why you should know enough information, know your rights, and know who to get in touch with when things get more complicated.

If you’re in need of legal counsel regarding property law, contact us today!

Buying or Selling a Home can be Difficult; Consult With Real Estate Professionals

property lawBuying and owning a new home can be an exciting time in a person’s life. It can also be an extremely complicated time for some people. Not everyone is knowledgeable on or has experience in property law, which can lead to some confusing issues.

Before you partake in any real estate business decisions, you should consult with a professional real estate law firm that employs real estate attorneys who are experienced. They have been through property law cases. They know how to help.

There is a chance that you and your family do not know anything about buying, selling, or owning property. That is okay. Real estate attorneys can assist you in the process, no matter the situation.

Although contacting and consulting with a professional real estate law firm should be done, there are still a few things that you should keep in mind regarding property buying and property law.

  • Regarding foreclosures, there are regulations put in place that require proper notice to be given to the homeowner before the home is sold in a foreclosure sale.
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  • If an eviction ends up reaching the court, a judge will hear it and decide the outcome of the case within 20 days after the tenant or landlord had filed the request to see the case in trial.
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  • Once you’ve entered into a purchasing contract with another party, the typical closing date is usually within four to 10 weeks, although it varies depending on the state.
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  • According to The National Association of Realtors, about 77% of people purchasing a home have an inspection done before completing the buying purchase. This should be done so that no surprises happen once you’re in the process of moving in or out. It’s recommended to make any repairs during the winter months before the home is listed as well.
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  • About one in every 200 homes will be foreclosed upon, and in 2013, one in every 96 homes reported a foreclosure.

 
There are so many aspects that go into buying, selling, and maintaining property. Consult with experienced real estate attorneys today if you are in need of advice.

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