Real estate attorneys in Orange County provide assistance with every type of real estate need, from the simple sale or purchase of a home to transactions utilizing alternative lenders, disputes with construction companies, and issues with zoning.
The world of real estate is multifaceted and extremely complex, and navigating these matters without the help of a real estate attorney can result in the loss of a property or very expensive issues down the road. Given the high values of residential and commercial real estate in Orange County, California it is worth it to invest in a legal professional for your matter.
With such a wide range of issues present in the world of real estate law, finding the right attorney is essential. Browse our list of Orange County real estate attorneys to connect with a lawyer near you.
Different areas of real estate law include environmental real estate law, development, residential transactions, commercial transactions, land use, and loan documentation. Some of the legal matters that real estate lawyers handle include:
The real estate industry is always changing, and working with an experienced real estate attorney can help you stay abreast of the latest developments and changes.
Litigation in real estate is an expensive and time-sensitive matter, as legal problems can delay sales or completely kill deals. There are numerous parties involved in every single real estate transaction, and disputes can exist between any and all of these parties. They include the purchaser, seller, broker, real estate agent, the government itself, construction companies, and company financing the sale. Opponents of certain building projects or zoning changes may also bring lawsuits against involved parties, further endangering your project. You need an attorney who will take swift and decisive action to handle litigation issues that threaten your real estate transactions and conflicts.
California real estate law governs the buying & selling of property in the state. One critical aspect of California law is the requirement for real estate professionals, such as brokers and agents, to be licensed by the California Department of Real Estate (DRE) – you can verify a DRE license here. The DRE also oversees the regulation of real estate transactions, including the disclosure of certain information to buyers, such as the presence of hazardous materials on the property (for example).
Another important aspect of California real estate law is the concept of “agency,” which determines the relationship between the real estate agent and the buyer or seller. In California, there are three types of agency: seller’s agent, buyer’s agent, and dual agency. Seller’s agency means the real estate professional represents the seller’s interests, while buyer’s agency means the professional represents the buyer’s interests. Dual agency occurs when the same real estate professional represents both the buyer and the seller.
California law also requires certain disclosures to be made by the seller to the buyer during the course of a real estate transaction. These disclosures include information about the condition of the property, any known defects, and any potential hazards such as lead paint or asbestos (DRE list of required disclosures). Additionally, California has strict rules on eviction cases, and landlords are required to follow specific procedures and provide specified notice periods to the tenant before proceeding with an eviction.
An escrow agency, also known as an escrow company, is a neutral 3rd party that holds funds and property titles during a real estate transaction. Either the buyer or seller can choose an escrow company for their transaction. The escrow agency acts as a custodian of funds for the buyer and the seller, ensuring that all conditions of the sale are met before releasing the funds and transferring the property title.
In summary, California real estate law regulates the activities of real estate professionals, governs agency relationships, requires certain disclosures from sellers, and has strict rules on eviction cases. It also regulates the use of escrow companies in real estate transactions.
Many real estate laws are state-specific, which is why it’s so important to hire a real estate attorney based in Orange County, California. Adverse possession is one area that varies from state to state. Adverse possession laws are covered in California Code of Civil Procedures, sections 318, 325, and 328. If someone takes possession of your property for five years and pays the taxes on it, they take legal ownership of it.
California also has extensive legislation covering landlord and tenant agreements. In California, a landlord can charge no more than two months of rent for a security deposit on an unfurnished unit. That increases to three months for a furnished unit. Active service members are legally limited to one and two months of rent for a security deposit on an unfurnished or furnished unit, respectively. Additionally, landlords cannot charge nonrefundable cleaning or pet fees. If a landlord does not return a security deposit within 21 days, they are in violation of the law.
Failing to abide by real estate laws can cost you significant time and money. Contact local real estate attorneys in Orange County to protect your next project, investment property, or purchase.