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Contracts Related to Real Estate Transactions

Real estate contacts fall under the same body of law that governs all contracts. The intent of the parties controls the interpretation. There are usually mutual promises given in consideration of each other, and each party is both a promisor and a promisee. There are express and implied contracts. Real estate contracts usually must be […]

Real Estate Brokers, Escrow and Title Insurance

Real estate brokers (and real estate agents) have a special relationship with their clients. This is called an “agency relationship”. The relationship is created when the client authorizes the broker to conduct a transaction with third persons on behalf of the client and to exercise a degree of discretion in effecting the purposes of the […]

Deeds, Estates, Interests, Holding Title and Priority

An estate describes an ownership interest that a person has in real property that is, or may become, possessory, and which is usually measured in terms of duration. For example, a fee simple estate is an estate for an indefinite duration, while a life estate is an estate for the duration of the life or […]

Land Development and Common Interest Developments

Land development involves land use regulation, subdivisions, dedications, environmental regulation, common interest developments, and covenants, conditions, and restrictions. The general plan is the most important document when it comes to land use planning and local agency regulation. All future development in a county or city must conform to the general plan. Specific plans are considered […]

Construction and Constructive Defects

A construction contract is a contract between a property owner and a contractor. A construction contract is formed by negotiation or bid. While a bid is an offer, an invitation to bid is not an offer. Bids must conform to the specifications of the project to be accepted. A contract between a subcontractor and a […]

Neighbors and Property Users

Common issues facing landowners from adjoining landowners are, boundary disputes, encroachments, ground support issues, water flow issues, interference from neighboring trees, and issues related to common walls and fences. An encroachment is the extension of a building or other structure beyond the boundaries of the land on which it was rightfully constructed onto (or over) […]

Liabilities of Owners

There are many areas of the law in which real estate owners are exposed to liability. The law prohibits discrimination based upon race, color, religion, sex, national origin, family status, or physical or mental disability in the area of selling, leasing, or lending upon real estate. Nuisance is a potential area of liability. A nuisance […]

Deeds of Trust, Mortgages, Foreclosure and Lender Liability

Mortgages and deeds of trust are used to secure real estate loans. A deed of trust operates like a mortgage except that it conveys title to real property to a trustee as security until the grantor of the deed of trust repays the loan. If a secured piece of real estate is transferred, and the […]

Landlord and Tenant

A lease grants the exclusive possession and use of property (but not title) to a tenant as against everybody else, including the owner, for a definite period of time in exchange for valuable consideration. If the term is for more than one year, the lease must be in writing. A lease option is an irrevocable […]

Mobile Homes

A “mobilehome” is a structure designed for both human habitation and for being moved on a street or highway under permit pursuant to the Vehicle Code. Mobilehomes are generally governed by the Mobile Homes-Manufacture Housing Act, the Mobile Homes Parks Act, the Manufactured Housing Community Act, the California Factory-Built Housing Law, and the Mobilehome Residency […]

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