Real Estate Law in Fresno, CA
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 Fresno, California real estate law. Developers, property managers, and investors can also face property issues. Common reasons for this include property rights, access, liabilities, and more. These matters are complicated, so the best first step is to seek the counsel of a qualified Fresno real estate attorney.
Types of Real Estate Law Disputes
Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Learn more about the different types of real estate disputes below.
Escrow Deposit
If you decide to purchase any Fresno property, there are certain steps all involved parties 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 Fresno, CA property deeds. Regardless of the reason for the dispute, the resolution often involves hiring an experienced real estate law attorney. Still, one step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Fraud/Omissions
Some unscrupulous sellers try to take advantage of buyers by withholding information. Ultimately, they may do this to impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with an experienced Fresno real estate lawyer to straighten things out.
Under California Penal Code, real estate fraud usually qualifies as grand theft. This charge can either be a misdemeanor or a felony. Consequently, civil litigation can be more difficult without this evidence. However, the standard of proof for winning a lawsuit is less stringent than in criminal proceedings.
Contract Breaches
No , real estate transaction is enforceable without a valid contract, but not all contracts meet the necessary standards. Each state has specific requirements for what constitutes a valid real estate agreement. Missing key elements or unclear language can lead to disputes between buyers and sellers, especially if one party breaches the terms. To avoid legal complications, always ensure your real estate contract in is comprehensive, mutually beneficial, and legally enforceable.
Landlord/Tenant
Disputes often arise when California landlords and tenants cannot agree on repairs, rent arrears, and more. Fresno, CA tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other. Not only is a valid rental agreement crucial, so is having good legal counsel.
Additionally, landlords in Fresno need to act according to requirements set forth by current law. For example, the rules to follow for returning a deposit can depend on several factors. In general, returning an itemized reasoning for any deductions should happen within twenty-one days. However, holidays or local ordinances can change this calculation. If you’re unsure of any aspect of this relationship, hiring a local attorney can be a wise decision.
Boundary Lines
Property line disagreements usually occur when adjoining Fresno, CA 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
Ownership issues are common when an owner verbally transfers ownership without documentation. These disputes often happen when someone bequeaths their real estate to another without going through the proper process. Or, there can be other parties with ownership rights, such as certain lien holders.
Determining the rightful owner of a property in Fresno is not always easy. Many factors and issues can arise when disagreements over real estate exist.
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 cleared before securing a mortgage or financing.
After a judgment occurs, California law initially allows the lien to last for ten years. However, this legislation does not mean that your liability ends after a decade. Creditors can refile, and this liability against your property in Fresno can continue.
What Should You Do If You Become Involved in a Real Estate Dispute In Fresno, 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, you may want to speak with a qualified Fresno real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Fresno 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 Fresno, California
Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with an experienced Fresno lawyer who has 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.
Answers to legal questions can often lead to more questions. If you’re seeking more about an area of law in Fresno, CA, we’ve got you covered.
