Law Offices of Daniel P. Beaver
Real Estate Attorney Serving Walnut Creek
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Walnut Creek Real Estate Law Blog

When was the last time there was a survey on your property?

Owning property in California is a serious financial investment. You will want to do everything possible to protect this investment, including knowing everything there is to know about the property you own. One way to do this is by having a survey of your property done. Taking this step has many benefits, and it can help you avoid complications down the road.

Whether you recently bought the property, are thinking about buying property or have owned your property for years, there are many reasons why a survey can help you. When you know all the details about your property, you can avoid disputes with neighbors, avoid legal issues down the road and protect your property rights. 

What does your HOA have the right to decide about your home?

Many neighborhoods in California have a Homeowners' Association, and the intent of these organizations is to preserve the integrity and quality of life for the people who live in these communities. However, HOAs can overstep their bounds and ultimately violate the rights of the property owners. As a homeowner, it is in your interests to learn more about what your HOA can and cannot do.

When you moved into your neighborhood, you probably received a document that explained the HOA bylaws, fees, procedures and more. It is smart to carefully review this document, which can help you understand the function of your HOA and what to do if there is a problem. Knowing your rights and where the authority of the HOA ends is the first step in protecting your home.

What do you have to tell potential buyers about your home?

Selling your California home is an important step, and it is beneficial to proceed thoughtfully and carefully. Simply making the choice to list your property for sale may seem like the hardest part, but there are other things you will have to do in order to reduce complications. One thing that may be helpful is to review required disclosures.

There are certain things sellers are required to tell potential buyers about their property. This does not mean you have to tell someone who is looking at your house every single detail about the home, but you will have to make required disclosures about specific things. It is in your interests to learn more about these things before you move forward with the sale of your home. 

As a landlord, what are your obligations to tenants?

As a California landlord, you understand there are various obligations and responsibilities that come with this role. It is prudent to fully understand your legal obligations in order to minimize your chance for issues with your tenants. Knowing your rights and responsibilities can reduce your exposure to financial risks and legal complications going forward.

You may own and operate the rented property, but there are limits to what you can do while it is currently occupied by a tenant. Tenants have rights, and courts to do not look favorably on violations of these entitlements. You may find it particularly helpful to seek a complete evaluation of your case so you can fully understand your role.

Selling your home without an agent

If you are like most people who want to sell their California homes, your goal is to sell it quickly and get a good price. It sounds easy enough, so you decide to market your house for sale by owner. You put a sign in the yard, maybe hold an open house and take the best offer. It may sound easy because that is the easy part. What follows are the challenges.

While it is possible to sell your house without the aid – or expense – of a real estate agent, it helps if you know what you are up against legally and some of the steps you can take to increase the potential for a successful FSBO sale.

Boundary disputes with neighbors can be costly and confusing

Good fences can make for good relationships with your neighbors, but first you have to know where to put that fence. As a property owner in California, it is beneficial to be aware of where your property ends and your neighbor's property begins. This can help you avoid stressful complications over boundaries and possible trespassing.

If you find yourself involved in a boundary dispute with your neighbor, you need to know how to resolve it and how to protect your property rights. Timely resolution to these concerns can help you avoid extra costs and allow you to move forward as soon as possible. You may find it beneficial to seek a complete understanding of your rights and an explanation of your legal options.

Don't buy unnecessary trouble when buying a home

Buying a home can be an exciting time for your California family, but when you take this step, it is important to be certain you are not exposing yourself to unnecessary risks. The seller of the property you intend to buy has a legal obligation to inform you of any potential problems, which can save you from expensive and stressful complications in the future.

A real estate purchase is a significant financial and legal step. It is important to know how to protect your interests as you navigate this process, and one of the ways you can do this is by securing the assistance of an experienced legal ally. When it comes to required disclosures and buying a home, you do not have to walk through any step alone.

An attorney can prove invaluable, especially in FSBO purchases

Buying a home is certainly an emotional experience. In fact, you may have already fallen in love with a place and dream of living there, perhaps raising your family and certainly making it your own. However, in spite of love and dreams, buying a home is a business transaction, and when mistakes occur during the process, there are often legal ramifications.

If you are eager to make the purchase and start life in your new home, you are certain to become frustrated with the slow progression of a sale, especially if complications arise. To avoid this, you may think purchasing a house for sale by owner will allow you to bypass many of the legal red tape that often stalls a sale. However, this may be the exact time when having a real estate attorney on your side can protect you from negative consequences.

Getting rid of a tenant without getting burned

If you own or manage rental properties, you have likely had your share of disputes with tenants. Perhaps someone has reported too much noise from one unit, someone does not clean up after a pet or a renter does not dispose of trash properly. However, if you are dealing with a tenant who is damaging your property, not paying rent or creating a nuisance for the rest of your renters, you may want to tell that person to get out now.

Unfortunately, there are certain rules to follow when evicting a tenant, and the law does not allow a landlord to kick out a renter without adhering to the process. In California and many other states, the law favors the tenant, and making a mistake can result in legal and financial trouble for you.

Someone died here? No one told me!

When you purchased your home, you had probably carefully considered several houses. As you walked through the properties, you likely opened cabinets, inspected appliances and scrutinized the structure. You also asked the real estate agent or seller many, many questions.

Nevertheless, after sealing the deal and moving in, you soon learned that your new home has a dark past. Although the seller did not include it in the disclosure statement, your new house was the scene of a death. Incidents like this can classify a property as stigmatized.


Law Offices of Daniel P. Beaver
1990 N. California Blvd, 8th Floor
Walnut Creek, CA 94596

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