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Frequently Asked Questions

Whether you're buying your first home, managing rental properties, or dealing with complex real estate transactions, understanding your legal rights is essential. Browse our frequently asked questions below to learn more about California real estate law.

Real estate transactions and disputes involve complex laws, significant financial stakes, and detailed documentation. Contact Beverly Wilshire Law APC for personalized advice on your real estate legal matters.

Phone: (310) 424-5566
Email: info@BevWilshire.com
Office: 9777 Wilshire Blvd Suite 400, Beverly Hills, CA 90212


Buying & Selling Property

Before making an offer, get pre-approved for financing, research comparable sales to determine fair market value, and carefully review all seller disclosures including the Transfer Disclosure Statement (TDS) and Natural Hazard Disclosure (NHD). Your offer should include the purchase price, earnest money deposit (typically 1-3% of purchase price), financing terms, and contingencies to protect your interests.


Contingencies are conditions that must be met for the sale to proceed. Standard contingencies include financing (you can cancel if you don't get a loan), inspection (you can cancel or request repairs based on inspection findings), and appraisal (you can cancel if the property doesn't appraise for the purchase price). These protect your earnest money deposit if you need to cancel the purchase


The inspection period is typically 17 days in California, though this is negotiable. During this time, you should hire a licensed inspector to examine the property's condition. If serious issues are found, you can request repairs, ask for a price reduction, or cancel the contract and receive your deposit back.


Escrow is a neutral third party that holds your deposit and facilitates the transaction. During escrow (typically 30-45 days), the buyer completes inspections, secures financing, and the title company searches for any liens or ownership issues. Once all conditions are met, escrow disburses funds and records the deed transferring ownership.


California sellers must provide a Transfer Disclosure Statement (TDS) disclosing known material defects, a Natural Hazard Disclosure (NHD) about flood zones, fire hazards, and earthquake faults, and lead-based paint disclosure for pre-1978 properties. Failing to disclose known defects can result in liability even after the sale closes.


Yes, if you're still within a contingency period (inspection, financing, or appraisal). You can also cancel if the seller fails to meet contractual obligations or commits fraud. However, canceling outside of contingency periods typically means forfeiting your earnest money deposit unless you can prove the seller breached the contract.


Buyers typically pay 2-5% of the purchase price in closing costs. These include loan origination fees, appraisal fee, title insurance, escrow fees, recording fees, homeowners insurance, property taxes (prorated), and HOA transfer fees. Your lender must provide a Loan Estimate within 3 days of application and a Closing Disclosure at least 3 days before closing.


Title insurance protects against losses from title defects like unknown liens, ownership disputes, or forgery in the chain of title. Lenders require a lender's policy to protect their investment, but you should also purchase an owner's policy to protect yourself. Unlike other insurance, you pay once at closing and coverage lasts as long as you own the property.


Commercial Real Estate

In a gross lease, the landlord pays most property expenses (taxes, insurance, maintenance) and includes them in the rent. In a triple net (NNN) lease, the tenant pays their proportionate share of property taxes, insurance, and common area maintenance (CAM) charges in addition to base rent. NNN leases are common in commercial real estate and can result in variable monthly costs.


Key terms to negotiate include: base rent and escalation clauses, length of lease and renewal options, tenant improvement allowances, permitted uses and exclusivity provisions, assignment and subletting rights, maintenance and repair responsibilities, operating expense caps or pass-throughs, early termination options, and default remedies for both parties.


A tenant improvement (TI) allowance is money the landlord provides for you to customize the space for your business needs. Negotiations should cover the amount per square foot, what improvements are covered, whether you can apply unused funds to rent, and who owns the improvements at lease end.


This depends on your lease terms. Most commercial leases allow assignment or subletting with landlord consent, which cannot be unreasonably withheld. Some leases require landlord approval of the new tenant's financials or give the landlord right of first refusal. Always get landlord consent in writing before subletting.


A 1031 exchange (named after IRS Code Section 1031) allows you to defer capital gains taxes when selling investment property by reinvesting proceeds into "like-kind" property. You must identify replacement property within 45 days and close within 180 days. The exchange must go through a qualified intermediary, and strict rules apply. Consult a tax attorney or CPA before attempting a 1031 exchange.


Property Disputes

Start by obtaining a professional survey to determine the actual property line. Review your deed, title report, and any easements. If the survey shows encroachment, you can negotiate with your neighbor for a boundary line agreement, purchase the disputed strip, or file a quiet title action. Many boundary disputes can be resolved through mediation.


An easement gives someone else the right to use part of your property for a specific purpose, like utility access or a shared driveway. Easements are typically recorded on the title and "run with the land," meaning they transfer to new owners. You still own the land but cannot interfere with the easement holder's rights.


California follows the "Massachusetts Rule" - you can trim branches and roots that cross onto your property, but you're responsible for any damage this causes to the tree. You may be able to recover damages if the tree itself is causing harm, but you generally cannot force your neighbor to remove a healthy tree. Document all damage with photos and consider mediation before litigation.


Review your CC&Rs (Covenants, Conditions, and Restrictions) and HOA bylaws to understand the rules and enforcement procedures. Attend HOA meetings and raise concerns. If the HOA is violating its own rules or state law, you can request dispute resolution, file a complaint with the Department of Real Estate, or sue the HOA. Keep detailed records of all communications.


A quiet title action is a lawsuit to establish ownership and remove clouds on title like disputed liens, boundary issues, or inheritance disputes. You'll need to file a complaint, serve all parties with an interest in the property, and prove your ownership in court. These cases are complex and require an attorney.


Foreclosure & Financial Distress

Most California foreclosures are non-judicial, meaning the lender forecloses through a trustee without court involvement. The process includes: notice of default, 90-day waiting period, notice of trustee sale, and public auction. Judicial foreclosure involves a lawsuit and takes longer but allows the lender to pursue a deficiency judgment in some cases.


A short sale occurs when your lender agrees to accept less than the full loan balance. You sell the property with lender approval, and the lender releases the lien. Short sales can help you avoid foreclosure and may have less impact on your credit than foreclosure, but you may owe taxes on forgiven debt and the process can take many months.


Generally no for primary residences. California has anti-deficiency laws protecting homeowners from deficiency judgments after foreclosure on purchase money loans (loans used to buy the property). However, refinanced loans and investment properties may not have these protections.


Review your CC&Rs (Covenants, Conditions, and Restrictions) and HOA bylaws to understand the rules and enforcement procedures. Attend HOA meetings and raise concerns. If the HOA is violating its own rules or state law, you can request dispute resolution, file a complaint with the Department of Real Estate, or sue the HOA. Keep detailed records of all communications.


A quiet title action is a lawsuit to establish ownership and remove clouds on title like disputed liens, boundary issues, or inheritance disputes. You'll need to file a complaint, serve all parties with an interest in the property, and prove your ownership in court. These cases are complex and require an attorney.


Real Estate Development

This depends on your project and local zoning ordinances. Common approvals include: zoning permits for allowed uses, conditional use permits (CUPs) for special uses, variances for deviating from zoning requirements, design review approval, and subdivision map approval for dividing land. Each requires appearing before planning commissions or zoning boards.


The California Environmental Quality Act (CEQA) requires environmental review for projects that could significantly impact the environment. Depending on your project, you may need to prepare an Initial Study, Negative Declaration, or full Environmental Impact Report (EIR). CEQA compliance can add significant time and cost to development projects.


Yes. The California Subdivision Map Act requires approval before dividing land into separate parcels for sale or development. You'll need to file either a parcel map (for 4 or fewer parcels) or subdivision map (for 5 or more) with the local planning department. The process includes environmental review, public hearings, and infrastructure requirements.


Investment Properties

Common structures include: sole proprietorship (simple but no liability protection), LLC (liability protection and flexible taxation), S-corporation, or C-corporation. The best choice depends on your liability concerns, tax situation, number of properties, and plans for the property. Consult with both an attorney and CPA.


Deductible expenses may include: mortgage interest, property taxes, insurance, repairs and maintenance, utilities, HOA fees, property management fees, advertising, legal and professional fees, travel to the property, and depreciation. Keep detailed records and receipts and consult with your CPA.


Residential rental property can be depreciated over 27.5 years, allowing you to deduct a portion of the building's cost (not land) each year even though you're not spending money. This reduces taxable income. However, when you sell, you may owe depreciation recapture tax on the total depreciation you claimed.


Consider professional management if: you own multiple properties, live far from the rental, don't have time for tenant calls and maintenance, want to avoid fair housing risks, or the rental income justifies the cost (typically 8-12% of rent). Good management can actually save money by reducing vacancy, maintaining the property, and avoiding legal issues.


Landlord-Tenant Law - For Tenants

First, notify your landlord in writing about needed repairs and keep a copy. Give reasonable time for repairs (typically 30 days for non-emergencies). If repairs aren't made, options include: repair and deduct (pay for repairs yourself and deduct from rent, up to one month's rent), withhold rent (but continue paying into escrow), report to code enforcement, or move out if the unit is uninhabitable. Consult an attorney before taking these steps.


Take photos at move-in and move-out, request a move-in inspection to document existing damage, clean thoroughly before moving out, and provide your forwarding address in writing. Your landlord has 21 days to return your deposit or provide an itemized statement of deductions. If they don't comply, you can send a demand letter or file in small claims court.


No. Your landlord must give you 24 hours' written notice before entering, stating the reason and approximate time. Valid reasons include making repairs, showing the unit to prospective tenants or buyers, and emergencies. Entry should occur during normal business hours unless you agree otherwise.


If you've lived in the property for over 12 months and it's covered by AB 1482, your landlord needs "just cause" to evict you. No-fault evictions (like owner move-in or substantial remodeling) may require your landlord to pay relocation assistance. Your landlord must give proper notice - typically 30 days if you've lived there under a year, 60 days if over a year, or 90 days for Section 8 tenants.


Don't ignore it. The notice will state the reason and deadline to move or cure the violation. If you disagree with the eviction or need more time, consult an attorney immediately. If your landlord files an unlawful detainer lawsuit, you have only 5 days to respond. Legal aid organizations and tenant rights groups can help.


If you've lived in the property for over 12 months and it's covered by AB 1482, your landlord needs "just cause" to evict you. No-fault evictions (like owner move-in or substantial remodeling) may require your landlord to pay relocation assistance. Your landlord must give proper notice - typically 30 days if you've lived there under a year, 60 days if over a year, or 90 days for Section 8 tenants.


If your landlord doesn't return your deposit or provide an itemized statement within 21 days, send a written demand letter. If that doesn't work, you can file in small claims court for up to $10,000. If your landlord acted in bad faith, you may recover up to twice the deposit amount plus court costs and attorney's fees.


Landlord-Tenant Law - For Landlords

Every California lease should include: names of all tenants and the landlord, property address, rental amount and due date, security deposit amount, lease term (month-to-month or fixed), late fee policy, pet policy, maintenance responsibilities, entry notice requirements, and utilities included. Put everything in writing to avoid disputes.


Maximum security deposits are limited by law: 2 months' rent for unfurnished properties and 3 months' rent for furnished properties. You cannot charge more regardless of the tenant's credit or other factors.


You have 21 days from when the tenant moves out to either return the full deposit or provide an itemized statement of deductions. The statement must list each deduction with the amount and description. For repairs over $126, you must include copies of receipts.


You can deduct for unpaid rent, damage beyond normal wear and tear, and cleaning needed to return the unit to move-in condition. You cannot deduct for normal wear and tear like faded paint, worn carpet from normal use, or minor scuffs on walls.


If you fail to return the deposit or provide an itemized statement within 21 days, you may forfeit your right to keep any of it. Tenants can sue for up to twice the deposit amount plus attorney's fees if you acted in bad faith.


California's warranty of habitability requires you to maintain: weatherproof roof and walls, working plumbing with hot and cold water, adequate heating, electrical systems, clean and sanitary conditions free from vermin, working smoke and carbon monoxide detectors, secure locks, and safe floors and stairways. Emergency repairs require immediate attention; non-emergency repairs should be completed within a reasonable time, typically 30 days.


After a tenant has lived in a property for 12 months, you generally need "just cause" to evict. At-fault causes include nonpayment of rent, lease violations, and nuisance. No-fault causes include owner move-in, substantial remodeling, and removing the property from the rental market. For no-fault evictions, you may owe relocation assistance.


You must disclose: lead-based paint (for pre-1978 properties), mold information, bed bugs, registered sex offender database availability, owner/manager contact information, shared utilities or submetering, and any planned demolition. During tenancy, notify tenants within 15 days of ownership changes.


Yes. California law prohibits discrimination based on source of income, which includes Section 8 housing vouchers. Refusing Section 8 tenants can result in fair housing violations and significant penalties.


DISCLAIMER SECTION

The information provided on this page is for general informational purposes only and does not constitute legal advice. Reading this content or downloading our resources does not create an attorney-client relationship between you and Beverly Wilshire Law APC. Laws change frequently and every situation is unique. For advice specific to your circumstances, please consult with a qualified attorney. Do not rely on this information as a substitute for professional legal counsel.

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