Real Estate Law in San Diego, 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 San Diego, 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 San Diego 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 San Diego 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 San Diego, 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 San Diego real estate lawyer to straighten things out.
California law defines several behaviors that can qualify as real estate fraud. The challenge for prosecutors is to prove intent to cheat others in a property transaction. Even if the state can’t make a criminal case, you may have enough evidence for civil litigation. Some examples of documentation that can help your tort action in San Diego include:
- Memorandums from the defendant
- Testimony of two or more witnesses
- One witness with corroborating circumstances
Contract Breaches
No San Diego, 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 San Diego without a valid mutually beneficial contract.
Landlord/Tenant
Disputes often arise when California landlords and tenants cannot agree on repairs, rent arrears, and more. San Diego, 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.
San Diego Municipal Code also includes Tenants’ Right to Know Regulations to consider. The purpose of this legislation is to promote stability and protect long-term renters. In particular, this local ordinance has identified valid reasons to terminate a lease for a tenant of two years or more. In a competitive and expensive market, these types of protections are necessary.
Boundary Lines
Property line disagreements usually occur when adjoining San Diego, 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 San Diego 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 clear before securing a mortgage or financing.
California Code of Civil Procedure includes penalties for refusing prompt recognition of a lien in San Diego. Judgment creditors need to deliver a statement releasing the lien within fifteen days. If they fail to follow through on this obligation, they owe $100 to the debtor. Moreover, this behavior may be part of a strategy used to abuse the legal system.
What Should You Do If You Become Involved in a Real Estate Dispute In San Diego, 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 San Diego real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
San Diego 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 San Diego, 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 San Diego 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!
