Category: Residential Real Estate

Fair or Foul: What California Landlords and Property Managers may inquire from a Rental Applicant

Posted on October 10, 2024 by - Residential Real Estate

Baseball’s postseason is a good reminder of what’s fair or foul in the profession of California property management. Just like in baseball, Landlords and Property Managers have rules to follow, especially when it comes to screening potential tenants. Although credit scores are no longer a primary topic of discussion, there are still many questions that Landlords can legally ask to determine an applicant’s suitability for a rental unit.

Questions You Can Ask

To make sure the rental process is thorough and compliant, Landlords and Property Managers can ask about:

  • Pets – Does the applicant have any pets, and if so, what kind and how many?
  • Number of Occupants – How many people will reside in the property?
  • Parking Requirements – How many parking spaces will be needed?
  • Rental History – Can their current or previous landlord provide a favorable reference?
  • Smoking Habits – Do any of the tenants smoke?
  • Waterbed Use – Does the applicant intend to use a waterbed in the rental unit?

This allows Landlords to screen tenants effectively and limits vulnerability to a lawsuit from a potential tenant who alleges harassment or retaliation.

Questions You Should Not Ask

While it’s important to be thorough, as a courtesy, Landlords and Property Managers never inquire further about a potential tenant’s:

  • Marital Status – Whether an applicant is single, married or divorced is off-limits.
  • Religious Practices – An applicant’s religion should never factor into the rental decision.
  • Intentions to Have Children – Avoid inquiries about whether an applicant plans to start or expand their family.
  • Gender – Questions about gender identity or expression are prohibited.
  • Country of Origin: Never ask about an applicant’s nationality or immigration status.
  • Disability: Avoid any questions related to physical or mental disabilities.
  • Other Protected Statuses: This includes age, race, sexual orientation, or any other protected category under California’s Fair Employment and Housing Act (FEHA).

 

Why Following These Rules Matters

Adhering to these guidelines not only ensures compliance with California’s Fair Housing laws but also establishes a fair and transparent process for all applicants. By focusing on relevant and permissible questions, Landlords can minimize the risk of legal disputes and create a positive rental experience.

Conclusion

In the rental business, as in baseball, it’s essential to know when you’re within fair territory. Understanding which questions are acceptable and which are prohibited can be the key to maintaining a lawful and efficient rental process.

 

Need Legal Advice?

If you’re a Landlord or Property Manager in California looking for guidance on rental applicant screening, our team is here to help. We provide personalized advice to ensure you’re following the right steps while protecting your interests. Whether you have questions about permissible inquiries or need assistance with landlord-tenant matters, we’ve got you covered.

Contact us today at (619) 546-7880 for a consultation to discuss your specific situation and learn how we can support you in managing these requirements effectively.

For more details about how we can help you, read more about our Landlord/Tenant services.


Disclaimer: The information in this post is considered attorney advertising under applicable California Law. The contents of this post is for informational purposes only and is not legal advice. The information may be incomplete or out of date. No representations, testimonials, or endorsements on this web site constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter.

How AB1033 Transforms ADU Ownership in San Diego

Posted on June 25, 2024 by - Residential Real Estate

In October 2023, California passed AB1033, a state law designed to promote affordable homeownership. This legislation allows Accessory Dwelling Units (ADUs) to be converted into condominiums, contingent on local governments enacting ordinances to permit such conversions. As a result, ADUs could potentially be sold as individual units, much like traditional condominiums.
This blog post will explore what AB1033 entails and how it impacts homeowners in San Diego and potential buyers in the city.
The San Diego housing market has been challenging, making homeownership nearly impossible due to high costs. AB1033 aims to address the lack of affordable housing by opening new opportunities. Here is a detailed analysis of this important legislation.

What is AB1033?

AB1033 is a California statute governing the conversion of ADUs into condominiums for resale, contingent upon the approval of each city through the development and implementation of specific ordinances. This law seeks to help prospective homeowners by allowing builders to sell tiny homes as separate units, enhancing the housing stock.

Benefits of AB1033

  • Expanded Homeownership Opportunities – This change enables more individuals to qualify for homeownership.
  • Boosted Property Values – The addition of another saleable unit through ADUs can potentially increase property values.
  • Alleviates Housing Shortages – Developing more units of affordable housing helps tackle the housing shortage.
  • Flexibility for Property Owners – Property owners can lease or sell their ADUs, generating income either way.
  • Environmental Advantages – Promotes minimal space utilization, thereby positively impacting the community.

Potential Downside of AB1033

While AB1033 offers several benefits, there are some potential downsides:

  • Increased Property Taxes – Selling ADUs as separate units may lead to higher property taxes for homeowners.
  • Community Impact – The increased density could strain local infrastructure and services.
  • Regulatory Complexity – Depending on local ordinances and building codes, homeowners may face complex regulations and approval processes.

How does AB1033 affect homeowners and buyers?

For homeowners, AB1033 offers a lucrative opportunity to enhance property value and generate additional income. By converting ADUs into condominiums, homeowners can either sell these units to offset construction costs or generate rental income.
For prospective buyers, AB1033 opens new, more affordable pathways to homeownership. With the high cost of housing in San Diego, being able to purchase a smaller, separate unit like an ADU can make homeownership more accessible.

Balancing the effects of AB1033 involves increasing equity in housing by providing more affordable units, potentially stabilizing housing prices through a greater supply, and requiring local governments to balance the benefits of increased housing with the potential impacts on community resources and infrastructure.

Implementing AB1033

To take advantage of AB1033, homeowners need to:

  • Check Local Ordinances – Verify if local government has adopted ordinances allowing ADU-to-condominium conversions.
  • Consult with a Legal Expert – Understand the specific requirements and legal implications.
  • Apply for Necessary Permits and Approvals – Submit detailed plans and applications to the local planning department, ensuring compliance with local building codes and zoning regulations.
  • Complete the Legal Conversion – Follow the legal process, including obtaining necessary inspections and certifications.
  • List and Sell the Converted ADU – Once the conversion is complete, list the ADU for sale as an individual condominium unit.

AB1033 represents a significant shift in California’s housing policy, promoting affordable homeownership by allowing ADUs to be sold as individual units. This law offers various benefits and requires careful consideration and legal guidance for successful implementation.

What does this mean for San Diego?

At this time, most cities in San Diego County have not adopted local ordinances regarding AB1033. However, the legislation is still new, so stay tuned for updated information as this new law unfolds.

Need Legal Advice?

We can help you understand your options and explore how AB1033 can benefit you. Contact us today for a consultation at (619) 546-7880. Our intake specialist will collect the essential information needed to assess your matter.

San Diego Housing Market: Boom or Bust?

Posted on May 29, 2024 by - Residential Real Estate

A row of colorful houses with green lawns on a sunny day. There is a sidewalk in front of the houses with trees lining the street. This is a typical scene in a suburban neighborhood.

The local housing market in San Diego has been booming, having witnessed a continuous rise in prices for many years. However, with the debt market volatility and the possibility of recession, some are concerned. As a San Diego housing market player, you need to know where things are based on historical data rather than just speculation.

This article focuses on exploring the significance of past housing cycles in San Diego. By examining the ups and downs of these cycles, we gain valuable insights into how the future might unfold.

Here are three key lessons learned from past San Diego housing cycles:

  • Sustainable Growth vs. Speculative Bubbles – San Diego’s current evolution, which is supported by a diverse economy and job market, is very unlike the housing bubble of 2008, a speculative crisis. Hence, the market is probably stable.
  • Limited Inventory, Steady Demand – San Diego’s limited land area contributes to a tight supply and consistently high prices. This holds especially true in a market where demand steadily increases from both existing residents and newcomers, making it less vulnerable to sudden price fluctuations.
  • Interest Rates Matter – Rising interest rates, currently in vogue, have a tendency to temper a bubble market. While this may decelerate the pace of price growth, a crash is unlikely, particularly given San Diego’s robust fundamentals.

A look at the numbers – a decade of steady growth

Let’s take a closer look at some recent data to understand the current market dynamics. According to Zillow, the median sales price of a single-family home in San Diego County in April 2024 was $932,000, representing a 6.5% increase compared to April 2023.

While this shows continued price growth, the rate of increase has moderated slightly compared to previous years. Additionally, the number of days homes stay on the market before selling remains low, averaging around 14 days in March 2024, which indicates continued strong buyer demand.

Looking ahead – a more balanced perspective

While the future is uncertain, historical context suggests San Diego’s housing market is likely to experience short-term fluctuations rather than the boom-and-bust cycles of the past. The city’s unique economic strengths and limited land availability create a market with inherent stability.

Experts in the field, like those at the San Diego Association of Realtors, generally don’t predict a housing market crash based on current market conditions. However, it’s important to stay informed as economic factors can change.

Need Legal Advice?

Considering buying or selling a home in San Diego’s market? Protect your investment with Hoffman & Forde, Attorneys at Law. We have extensive experience in real estate law and can guide you through the process.

Contact us today for a consultation at (619) 546-7880 and our intake specialist will converse with you and collect the essential information needed to assess your matter.

San Diego Home Prices Rising Fastest in Nation

Posted on April 12, 2024 by - Residential Real Estate

Home for sale with a sold sign in front.

San Diego Home Prices Top National Charts, but Market Shows Signs of Shift

Understanding the Current San Diego Housing Market

 

Rising Prices Amidst Slowing Sales – What Does it Mean for You?

Let’s delve deeper into this seemingly contradictory situation.

Reasons Behind Rising Prices

  • Limited Inventory – A lack of available homes for sale continues to be a major factor driving up prices. This creates a competitive environment where buyers compete for a limited pool of properties.
  • Nationwide Trend – The December data reflects a broader national trend of rising housing prices, although San Diego’s increase is steeper.

Signs of a Shifting Market

  • Slowing Sales – Despite rising prices, the number of homes sold in San Diego County significantly dropped in 2023. This suggests a potential cool-down in the market.
  • Rising Interest Rates – Higher borrowing costs are likely discouraging some potential buyers, leading to a slowdown in sales activity.

What Does This Mean for You?

  • Homeowners – If you’re considering selling your home, current market conditions could be favorable.
  • Buyers – The market may be becoming more competitive, so be prepared to act quickly on potential properties. Consulting with a real estate professional can be crucial for navigating the market effectively.

Looking Forward

The housing market is constantly evolving. While San Diego currently experiences rising prices, experts suggest market conditions are likely to change. Stay informed and consider seeking professional guidance to make informed decisions about buying or selling a home in San Diego.

Need Legal Advice?

Need legal advice specific to your situation? Schedule a consultation with us at (619) 546-7880 and our intake specialist will converse with you and collect the essential information needed to assess your matter.

Boundary and Title Disputes in California: Legal Insights

Posted on August 16, 2023 by - Residential Real Estate

Property lines are not always where you think they are, and sometimes, the owner of a piece of real estate is not clear. Such boundary and title disputes can completely upend your life, so it’s worth looking at some of their root causes and what can be done to resolve them.

What Is a Title Dispute?

A title dispute arises when two or more parties have competing claims to the same real property. For example, one person might build a house on a plot of land only to have another claim to own that very land. The legal proceeding for settling title disputes is called a “quiet title action” because the judge will determine the actual owner and therefore “quiet” any competing claims to the land.

Here are the most common causes of title disputes:

Boundary Disputes

Adjacent property owners can disagree on exactly where the boundary line is between their properties. See more details on this below

Problems with the Deed

Errors or discrepancies in the deed can create big problems later. Most commonly, the problem with the deed is an incomplete or inaccurate description of the parcel.

Easements

An easement is a non-possessory right in real estate, meaning the easement holder doesn’t own the land or have the right to live there but does have some right to use the land in a limited way. For example, a neighbor may have an easement that allows them to cross your property to access their land, or a municipal government may have an easement to build and maintain utility lines on your land.

What to Do in a Boundary Dispute

As mentioned above, boundary disputes are a type of title dispute in which two neighboring landowners can’t agree about who owns a particular part of their respective lands. Historical use, natural terrain features, and fence lines may contribute to this misunderstanding. The problem becomes even more complicated when one builds a structure, such as a home on the disputed part of the land.

If you find yourself involved in a boundary dispute, here is some guidance on handling the situation effectively.

1. Have the Land Surveyed

The first step in resolving the dispute is to determine where the official property lines are by commissioning a property survey. The surveyor will examine county records and plot out an accurate map of what you factually own.

2. Try to Come to an Agreement with Your Neighbor

It’s best to come to an amicable agreement with your neighbor if possible. This may be as simple as building a new fence or agreeing to stay off the property. However, some agreements, such as the granting of an easement, should be formalized in writing.

3. Bring in a Mediator

Sometimes, you may not be able to agree on your own, especially if structures are involved. Bringing in an outside mediator can often help both sides reach a reasonable resolution.

4. Litigation

Obviously, litigation is not anyone’s first choice; it’s expensive, time-consuming, and can breed animosity. In some situations, however, litigation may be your only recourse. If you haven’t already hired an attorney, you definitely should at this point.

Talk to a California Real Estate Lawyer

Real estate title disputes can be tricky to unravel, and they are best handled with the help of a real estate dispute attorney. Having a lawyer’s help can often prevent the situation from escalating and will ensure that your rights as a property owner are protected. To discuss your situation with an experienced professional and figure out how to move forward, contact our office today.

Common Types of Real Estate Fraud

Posted on May 30, 2023 by - Residential Real Estate

real estate fraud

Real estate sales and purchases are the largest financial transactions that most people will ever make, typically involving hundreds of thousands of dollars. On top of that, the process can be unfamiliar and complicated. For these reasons, real estate fraud is unfortunately common.

How do you avoid becoming a victim of real estate fraud? The best way to protect yourself is by knowing the most common types of real estate fraud. Here’s a list to get your started!

Appraisal Fraud

Appraisal fraud is one of the most common types of real estate fraud, in which the seller or buyer uses a dishonest appraisal to misrepresent the property’s value. This may be done with an appraiser willing to estimate the property’s fair market value falsely. Alternatively, the buyer or seller may alter an appraisal to be more favorable.

What You Can Do

Get your appraisal, especially if the figures don’t sound right. Mortgage lenders are well aware of this practice and often insist on hiring an appraiser from an approved list.

Title Fraud

Sellers may attempt to conceal problems with the title, or simply sell a property that does not belong to them.

What You Can Do

Buyers should use a reputable escrow service and hire a professional to investigate the title before completing the purchase.

Home Equity and Home Renovation Fraud

It’s common for homeowners to get a home equity loan to pay off debts or finance property improvements. There’s nothing inherently wrong with this; being secured by the property, home equity loans often have lower interest rates than unsecured personal loans. Unfortunately, however, many predatory lenders operate in this field, and homeowners often end up paying far more than they expected.

Such lenders may lie about the loan terms, create false urgency to pressure homeowners into signing contracts before they can read them, or even sign blank ones.

What You Can Do

Be careful when taking out a home equity loan, because your home will be on the line. Don’t let lenders pressure you into signing anything you don’t fully understand.

Foreclosure Bailout Fraud

Foreclosure bailout fraud is particularly despicable, involving stealing from people desperately trying to keep their homes. Because foreclosures are public proceedings, scammers use court records to identify their targets. They contact homeowners and offer relief by arranging a short sale to the scammer, who will rent the property back to the owner after paying thousands of dollars in upfront fees. The scammer disappears with the fees, and the homeowner has lost time and money at a critical juncture.

What You Can Do

If you need to catch up on your mortgage payments, the best course of action is to open a line of communication with your lender and try to work something out.

Get Help from a Real Estate Attorney

Those who perpetrate real estate fraud take advantage of their victims’ relative lack of knowledge. The best defense is to have someone on your side with a deep knowledge of real estate transactions and law who can identify fraudulent behavior and keep it from derailing your life.

Our real estate litigation specialists can protect you from bad actors and ensure your transaction is efficient and fair. Contact our office to discuss your situation.

Benefits of Hiring a Real Estate Fraud Investigator for Your Case

Posted on May 19, 2023 by - Residential Real Estate

real estate fraud investigator for litigation

Real estate fraud can be particularly devastating. Not only are their large amounts of money on the line, but problems concerning our homes are uniquely stressful and emotional.

Unfortunately, real estate fraud is not uncommon. Unscrupulous people try to take advantage of the fact that most people are unfamiliar with these types of transactions and then disappear with thousands of dollars in ill-gotten gains.

Hiring a real estate attorney to investigate potential fraud is a great first step toward taking back control of the situation and hopefully recovering your money.

Investigating the Fraud

If you’ve fallen victim to real estate fraud, don’t beat yourself up over it. The people committing these acts are often very sophisticated in terms of technology and expertise. Now it’s time to get people on your side who have even more expertise to build a case against the fraudsters.

Building a fraud case means investigation and lots of it. There can be many paperwork, interviews, and even surveillance to sift through. The benefits of hiring a real estate fraud investigator are numerous. Fraud investigators know what they are looking for, where to look, and how to do it lawfully. Furthermore, an experienced investigator will know how to proceed swiftly, which is important for resolving the case promptly and ensuring you don’t miss crucial court deadlines.

Because the goal of a fraud investigation is ultimately litigation, it makes more sense to go ahead and hire an attorney rather than a private investigator. Law firms can typically carry out their investigations and hire specialists if and when necessary. This way, all the work is centrally coordinated for one purpose: litigating your case and getting your money back.

Pursuing Your Claim in Court

It’s like fraud cases; even when confronted with irrefutable evidence of their wrongdoing, the guilty party rarely says, “You got me; here’s your money.” You will likely have to claw any money back through the court system to recover it.

Like other types of litigation, real estate fraud claims can take a long time to resolve. As a “white collar” type of case, they can also be quite complicated. That’s when you’be glad you hired an investigator to uncover evidence that will stand up to legal scrutiny.

Pursuing your claim in court may be your only option, but it’s not something you should try to do on your own. Instead, hiring a real estate litigation attorney is the best way to go.

Talk to a Real Estate Fraud Specialist

The most effective way to fight against real estate fraud is to bring in outside help—people who can investigate your case, negotiate on your behalf, and take your claim to court. At Hoffman & Forde, our attorneys have years of experience handling real estate transactions and litigation in California. We know how to uncover fraudulent activity and pursue a resolution that’s fair for you.  Contact our office to set an appointment for your first consultation.

Property Dispute Litigation: What Is It and Do You Have a Case?

Posted on December 27, 2022 by - Residential Real Estate

property dispute litigation

Something unique about our homes provokes a deep emotional response during disputes. Not only is it the place where we live, but for most families, it is by far the largest financial investment they will make. Combine this with the complexity of modern property conveyances, and one can see why property disputes are so common.

Sometimes these disputes can be resolved, but if not, litigation may be the only way forward.

Common Types of Property Disputes

There are many types of property disputes, but some of them tend to come up over and over again.

Breach of Contract

In a real estate transaction, the most common breaches of contract occur when (1) the buyer backs out of the deal or (2) the seller back out and sells to someone else for a higher price.

In the first scenario, the fight may be over the return of the buyer’s earnest money. Also, if the seller was forced to sell to someone else at a lower price, they may try to recover the difference.

In the second situation, the buyer may seek “specific performance,” i.e., a court order for the seller to complete the original deal at the original price. Of course, judges are reluctant to give such orders, but specific performance may be appropriate if there is something unique about the property.

Failure to Disclose

If a defect affects the value of the property and is not obvious to the buyer, the seller has a duty to disclose that fact.  For example, if there are termites in the walls and the seller knew or should have known about it, this is a defect that must be disclosed. On the other hand, if there’s a massive hole in the roof, the seller should notice this on their own.

Boundary Disputes

Boundary disputes arise when neighbors can’t agree on the property line. The boundary may have been poorly marked in the past, or the practical use of the property doesn’t match the legal line. These disputes are common when one party builds an improvement such as a home, shed, or fence close to the property line without surveying first.

Homeowners Associations

There is often conflict between a homeowners association’s common standards and a homeowner’s wish to use their property as they see fit. Litigation may be necessary when the HOA overreaches or the homeowner simply refuses to comply.

Litigation and Other Options

Whether the dispute is between neighbors or a buyer and seller, sometimes the parties can come to some agreement. However, property dispute litigation or mediation, may be necessary if that is not the case.

Especially in a dispute between neighbors, attempting mediation first is usually a good idea. Parties often feel satisfied with mediation results, and neighbors will continue living next to each other for many years. It also tends to be faster and cheaper.

If property dispute litigation is the best option, property owners should hire an attorney. They should also be sure to retain all documentation in their possession. After that, the best thing they can do is be patient because litigation can take a long time.

Speak to the Property Attorney

In a property dispute, your first step should be to gain an understanding of your legal position. Then, determine if you have a case against the other party or if they have a case against you to decide your next steps. Our property litigation attorneys have years of experience in resolving such disputes. We can review your situation, lay out your options, and create a plan for a fair outcome. 

Contact our office to set up a consultation today.

Why Hire a Real Estate Attorney Before Buying a House?

Posted on October 14, 2022 by - Residential Real Estate

Why Hire a Real Estate Attorney

Buying a home consistently ranks as one of the most stressful life events people experience. Not only is a lot of money on the line (for most of us, it is the single largest purchase we’ll ever make), but our hopes and dreams for the future are tied up in it. Home buyers regularly consult with a slew of experts along the way—real estate agents, inspectors, mortgage bankers, title examiners, etc.—and yet, despite the fact that it is a complex legal transaction, they rarely hire a real estate attorney.

Though many people will not find it necessary to hire a real estate attorney before buying a house, there are several reasons why it may still be a good idea.

Negotiation

There is usually a lot of wiggle room when it comes to housing prices. Still, buyers regularly leave money on the table because they are simply not comfortable with negotiating. While many real estate agents are great at their jobs, they are generally paid a percentage of the purchase price, so they have every incentive to close the deal and not much motivation to drive the price down.

Real estate attorneys, on the other hand, love to negotiate. The net savings gained from letting a lawyer haggle on your behalf generally more than justifies the expense of hiring them.

Smoothing Out Title Issues

Title and lien issues can derail a home purchase or make your life a nightmare if they are only discovered after the fact. A real estate attorney can perform the title and lien search for you. If the search turns up any potential problems, they can either help resolve them or, just as importantly, let you know when it’s time to walk away from the transaction.

Reviewing Contracts

As anyone who has ever purchased a home can attest, there is a lot of paperwork involved. Most buyers have no frame of reference and are simply told everything is “standard,” so they sign whatever is put in front of them: HOA covenants, inspection reports, disclosures, and more.

While there is usually nothing sinister going on, these documents are important, and the fact that you signed them may come up later. At a minimum, a real estate lawyer can review them and let you know what you’re getting into, but they can also draft new agreements and eliminate many of the junk boilerplate clauses.

Facilitating Complex Transactions

Even a typical home purchase is complicated, but some transactions are significantly more complex. Sales involving trusts, corporations, and other legal entities present different issues, and the assistance of an attorney is strongly encouraged.

Easier Closing

Closing a real estate deal involves orchestrating multiple complicated components, such as filing the deed, closing escrow, and delivering the final payment. Having an attorney on your side can help greatly with keeping everything on track and negotiating any last-minute issues that pop up, such as unexpected home repairs.

Talk to a Real Estate Attorney Today

The best way to find out what a real estate lawyer can do for you is to talk to one. Whether you want full-service assistance throughout the transaction or just need to deal with a specific issue, our experienced attorneys can help ensure your home purchase goes as smoothly as possible. Contact our office to schedule an appointment.

The Most Common Causes of Real Estate Litigation

Posted on July 29, 2022 by - Commercial Real Estate, Residential Real Estate

commercial real estate litigation

Real estate transactions are time-consuming and often stressful, so we want them to go as smoothly as possible. Sometimes things go wrong, however, and litigation may be necessary due to the value and importance of the transaction. Here are buyers’ and sellers’ most common causes of real estate litigation.

Breach of Contract

Real estate transactions are primarily about contracts, so it shouldn’t be surprising that one of the most common reasons for litigation is a breach of contract. Setting obligations for everything from title clearance to closing dates, so both parties understand their respective responsibilities can minimize confusion. One of the more common types of a breach is when one of the parties backs out of the sale before it is complete. If the buyer backs out, this will usually mean losing their earnest money. On the other hand, if the seller backs out, for example, to sell to someone else at a higher price, the buyer can sue for breach of contract and sometimes even compel the seller to complete the transaction.

Breach of Duty

Real estate agents have a fiduciary duty to their clients, meaning they must act in their client’s best interest. It may breach their fiduciary duty if they have a conflict of interest and don’t disclose this. For example, suppose a real estate agent represents the buyer and doesn’t disclose that they are friends with the seller or have a personal financial stake in the property. In this case, the buyer suspects that the agent’s interest is divided and costing them money.

Failure to Disclose Defects on the Property

If a seller knows or should know about a defect on the property that affects its value, they must disclose that defect to the buyer. There are many such defects, from roof leaks to mold to electrical problems. However, the problem must not have been evident to the buyer. For instance, if there is a five-foot-wide hole in the roof, the buyer probably should have noticed that on their own. Buyers who litigate over failure to disclose defects usually seek to recover the difference in property value.

Boundary Disputes

Real estate’s legal boundaries should be registered with a government office, typically the county commissioner. However, sometimes those boundaries are registered incorrectly. Other times, the “practical” boundary line doesn’t match the registered boundary lines. For example, an owner may build a fence or even a building on their neighbor’s property, believing it to be their property. These mistakes come to light during the sale of one of the properties. Therefore, verifying the parcel’s boundaries is important to the buyer’s due diligence.

California Real Estate Specialists

The best strategy for real estate litigation is to avoid it entirely. However, consulting with one of our real estate attorneys during the buying or selling process can help bring potential problems to light so they can be dealt with in advance. If you are already in a situation where litigation is necessary, our team can help you resolve the matter fairly. Contact us today to schedule a meeting.