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
In any real estate deal, having a valid contract is key to ensuring it’s enforceable. In , the rules for what constitutes a valid real estate agreement can vary, so it’s important to make sure your contract aligns with local laws.
Contracts that lack necessary details, have vague language or are unclear often lead to disputes between buyers and sellers—especially when one side fails to meet its obligations. Since real estate contracts are legally binding, it’s essential to enter these agreements with a clear, well-structured contract to prevent potential conflicts down the road.
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 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 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 debtor’s 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. You need 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!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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