Real Estate Law in California

What Is Real Estate Law?

Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home. 

Whether or not you are a property owner or tenant, you have rights under California real estate law. Not all residential and commercial real estate transactions execute perfectly. Sometimes unexpected issues can occur such as property rights, access, liabilities, and more. Furthermore, legal matters involving real estate transactions are often complex and are not just limited to the property owners.

Types of Real Estate Law Disputes

Disputes involving real estate in California are very common and some of them are quite complex. They often require the intervention of the courts. Typically courts are seen as the most biased party.  Learn more about the different types of real estate disputes below.

Escrow Deposit 

If you decide to purchase any California property, there are certain steps anyone who is involved must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.

Easement Real Estate Dispute

Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in California property deeds.

For example, a neighbor may feel they have the right to access a portion of your property because a previous owner allowed them to for years. One step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.

Landlord/Tenant

Disputes often arise when California landlords and tenants cannot agree on repairs, rent arrears, and more. Tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other.

The State Government of California offers key information on housing. As well, they provide insight into the rights and responsibilities of both tenants and landlords. Landlords have to provide clean and habitable rental units, keep all common areas clean, and provide repairs if so stipulated in the rental agreement. Tenants are responsible for upholding their agreement by paying on time, and by alerting the landlord with notice if they intend to vacate the rental unit.

Contract Breaches

No California real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in California without a valid mutually beneficial contract.

Fraud/Omissions

Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with California real estate lawyers to straighten things out.

When a real estate transaction occurs under false pretenses, this is categorized as fraud. Fraud can take several forms. For instance, offering misleading or misrepresenting information about the property. Also, failing to disclose damage to the structural integrity of the property can be considered fraud. The California Attorney General urges you to report any person or interest if you believe they have engaged in fraudulent activity. You can make such a report with the California Department of Real Estate.

Boundary Lines

Property line disagreements usually occur when adjoining California property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some California property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.

Ownership

Determining the rightful owner of a property in California is not always easy. For instance ownership issues are common when an owner verbally transfers ownership without documentation. Or, when someone bequeaths their real estate to another without going through the proper process. There can also be other parties with ownership rights, such as certain lien holders. 

Liens

Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be clear before you can secure a mortgage or financing.

Judgment liens allow you to place a lien on a real property in order to collect from a debtor. However, the California Courts state that a creditor cannot use illegal means to collect a debt. These illegal means include, but are not limited to:

  • Harassment
  • Misleading statements
  • Informing an employer of an employee’s debt
  • Collect more than basic information about a debtors whereabouts

What Should You Do If You Are in a Real Estate Dispute in California?

If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, it’s best to speak with an experienced California real estate lawyer. Regardless of the issues you are facing, you can benefit from having legal guidance.

Learn About Real Estate Law

California real estate law is quite complex. It is important for you to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.

Work With an Experienced Real Estate Attorney in California

Real estate disputes make up the majority of litigation cases. Still, not all issues require you to go to trial. You should work with California lawyers that have the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.

Get the legal help you need now. We help California landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across California state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.