advice is least expensive and most helpful before you have
signed an offer or a contract; however, despite contrary protests
by some attorneys, buyers and sellers of residential real
estate in California typically do not use (or need) an attorney
to help them with their transaction.
buyers and sellers of California residential real estate are
well served by the California Association of Realtor's standard
forms, especially if the brokers are careful in explaining,
and the clients review and understand, the entire contract
(in California, as in most states, contracts to purchase or
sell land must normally be in writing to be legally enforceable).
the other hand, an attorney's or a tax planner's advice can
be extremely helpful, because there can be enormous tax consequences
to the timing or structure of a seemingly simple residential
transaction. An attorney can also help decipher and clarify
the mysterious portions of an obscure contract.
Typical Problems & Disputes in
in residential real estate usually arise in the following
Breach of Contract - One of the parties refuses to close
Sales. Often sellers believe that an "AS-IS" clause
is equivalent to "Buyer Beware." However, most
sellers (with a few exceptions) still have an obligation
to disclose known material defects even if they are selling
their property "AS-IS".
© 2001 BuckmanLaw.com All Rights Reserved. Read our Disclaimer.
Site by Mirrorcat