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Real Estate Law
Commercial Real Estate | Residential Real Estate | Condemnation


Legal 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.

Normally, 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).

On 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 Residential Transactions

Disputes in residential real estate usually arise in the following areas:

  1. Breach of Contract - One of the parties refuses to close the deal
  2. Nondisclosure/Fraud
  3. "AS-IS" 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".
  4. Unlawful Detainer

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