Real estate transactions are usually the biggest financial process and undertaking for anyone involved in the matter. We rely on and depend on expertise that provides guidance from real estate agents. Normally, they should help guide this complex process, which leaves a place of trust in them for their financial well-being and future. Doing this, while most agents operate with professionalism and integrity, we expect nothing less than that. However, not everything foes according to place. Consequentially, situations and problems occur where an agent fails to uphold their contractual obligations. As a result, this leads to financial losses and significant stress for their clients. At KAASS LAW, serving clients throughout California, we understand the intricacies of real estate contracts and are here to shed light on how real estate agents can breach these agreements.
The relationship between a real estate agent and their client is typically governed by a legally binding contract, often a listing agreement (for sellers) or a buyer-broker agreement (for buyers). These contracts outline the duties and responsibilities of the agent, the scope of their services, the duration of the agreement, and the agreed-upon commission structure. When an agent fails to fulfill these contractual obligations, it can constitute a breach of contract.
Loyalty refers to the duty of the real estate agent to act only in the client's best interests when assisting them in their affairs. This means that doing something during the home buying/selling process that is meant to serve the agent's or a 3rd party's interests could constitute malpractice, even if it was not necessarily detrimental to the client.
Real estate agents and brokers are expected to use a certain standard of care when handling their client's real estate transactions. The standard of care for agents is that of a competent real estate professional, one who has significantly more knowledge of real estate than the average person. Failure to act within the required standard of care would be a breach of contract.
It is required that agents do not disclose information that would hurt their clients' chances of buying or selling a home for the best possible price. However, they are not required to remain confidential withholding the information would be a contract breach act itself.
While certain information must be confidential by real estate agents, they also have the duty to disclose certain information when they are both buying and selling a property. A realtor assisting someone with buying a property must disclose information such as:
A realtor assisting someone in selling a property must disclose information such as:
Obedience simply means that the agent must obey the commands of their clients unless those requests are outlawed by either their contract or the law. The client has the ultimate say in whether they should take an offer or wait for a better one, for instance. The client cannot, however, tell them to hide the fact that the air conditioning unit must have a replacement.
Accounting refers to the agent's duty to safeguard and keep track of all money and documents entrusted to them. This makes it their responsibility to make sure they correctly bill the client and do not release private or sensitive information, especially if it would hurt their bargaining power.
Real estate transactions involve significant investments, and you have the right to expect your agent to uphold their contractual obligations and act in your best interests. If you believe your real estate agent has breached their contract and you have suffered financial harm as a result, it is crucial to seek legal counsel. We can help in the following ways: Review your contract: Analyze the terms of your listing agreement or buyer-broker agreement to determine the agent's obligations. Investigate the circumstances: Gather evidence to determine if a breach of contract has occurred. Assess your damages: Help you quantify the financial losses you have suffered due to the agent's actions. Explore your legal options: Advise you on the best course of action, whether it involves negotiation, mediation, arbitration, or litigation. Aggressively advocate for your rights: Represent your interests to seek the compensation and justice you deserve. Entrusting a real estate agent with your property or your search for a home requires a significant degree of faith. When that trust breaks due to a breach of contract, KAASS LAW is here to provide legal support. Additionally, given the circumstances, we can represent that you need to navigate the complexities and pursue a just resolution. If you have concerns about your real estate agent's conduct, contact us today for a confidential consultation. Our office can also help anyone who is dealing with real estate purchase and sale disputes.
Senate Bill 9 is a new law that was signed on September 16th that rezones single-family neighborhoods and urban parcel splits. The bill covers housing development.
Senate Bill number 9 will provide the following changes:
Single-family residential zones will allow for partial or full teardown of an existing single-family home to create residential units that can be sold separately will be allowed.
Yes, Senate Bill Number 9 works together with ADU law.
ADU stands for accessory dwelling unit. Also known as "backhouses" or in-law units that typically constructed on property with an existing single-family house/unit.
Under Senate Bill 9, more ADUs will be built on land that has an existing single-family residential unit without the public’s review. Additionally, it is important to note that local ordinances will be observed in that those local ordinances that physically stop constructions of units cannot be enforced. An example of local ordinances includes those that preserve views or allow designated areas for bike paths.
While purchasing a home in California can be an exciting experience for some, oftentimes disputes in real estate transactions do occur both during and after closing. There are steps both buyers and sellers can take to attempt to avoid purchase contract disputes.
A buyer can protect themselves by taking additional measures prior to the real estate purchase, including:
To begin, let’s get familiar with disputes. A dispute is another word for disagreement. Questioning a lead or if a claim is true is a dispute. Disputes take place between two opposing parties regarding legal issues due to the fact that an agreement has not been concluded. Now that we know more about disputes, we can further our knowledge into an understanding of purchase and sale disputes.
An easements grants a person or entity the right to use a part of real estate they don't own for a specific purpose.
There are four types of easements that can be applicable to your property, including:
Express easement is created either through a reservation or a grant. In case of a granted easement, the landowner provides a person or the entity with the ability to use the land for right of way purposes. In the case of a reserved easement, one person sells the land to another but reserves an easement for their own benefit.
Implied easements arise when land divides into two parts, and the owner used one part for the benefit of the other before the division. An implied easement doesn’t need to be in writing, unlike express easements.
An easement by necessity occurs when use of the land is unconditionally necessary. Easement by necessity doesn’t require preexisting use of the land. If someone’s property blocks them in, they may need to use a portion of another person’s property to reach the street.
Tenancy in common is established when two or more individuals place their names on the deed to the property and therefore own the property together. A tenant can own unequal shares and can have different ownership interests. Owning property via a tenancy in common has grown in popularity due to property price increases.
Tenancy in common can apply to office buildings, undeveloped land, office space, or a house.
Property can be held as a space assignment co-ownership tenancy in common. Essentially, these are similar to condominiums in that an individual assigns houses, apartments, rooms, officers, stores, or storage spaces to each owner. Additionally, particular tenants in this configuration have rights created in a contract that are signed by all co-owners. A space assignment co-ownership tenancy in common can be more popular because local condominium conversion restrictions do not apply to tenancy in common conversions.
In California, individuals may form a space assignment co-ownership tenancy in common for any commercial or residential building. Furthermore, the location of the building, its zoning, size, layout, age, unit mix, or construction do not matter for regulatory purposes.
Creditor creates a judgment liens on real property by registering an abstract of a money judgment with the county registrar. It can apply to real or personal property, including jewels, art, antiques, and other valuables.
California law regulates the lien judgment. A title search revealing a judgment lien means the judgment creditor has registered a Judgment Abstract in the debtor's district.
To get the debtor's judgment on California property, a creditor must mail or take the Abstract of Judgment to the county registrar's office in any California county where the debtor currently owns property or plans to own property in the future. An abstract of judgment is a written summary of a judgment, showing the amount the losing party pays to the winner, the interest rate, court costs, and any special orders to follow. If the lien will attach to personal property, the creditor must file the Abstract of Judgment notice with the California Secretary of State. The lender may also notify the debtor of an examination.
Yes, the single-family home may be entirely demolished if tenants have not lived in the home during the past three years otherwise, only 25% of the home may only be demolished. However, local ordinances that allow more than 25% of the home to be demolished can override the 25% limitation.
Yes, Senate Bill 9 does have limitations, which are as follows:
If you or someone you know owns the land and is thinking about taking advantage of Senate Bill 9, please contact our real estate attorney at (310) 943.1171 for a free consultation.
Most real estate purchase and sale contracts have conditions, which the buyer must remove in writing and notify the escrow holder before the transaction becomes final. Inspection and/or financing contingencies are examples of contingencies. This process is known as deleting or waiving contingencies.
A breach of contract takes place when the seller cancels the deal after the buyer has waived all contingencies. For example, a seller cannot back out of a property sale just because they don't want to sell the property or because another offer to acquire the property appears to be greater than the original offer. In these cases, the buyer can attempt to enforce the purchase agreement. If a buyer refuses to complete a transaction without reason, the seller can seek damages through mediation, arbitration, or via lawsuit. Damages are not always straightforward, and the seller has a responsibility to try to reduce losses by selling the property to another party.
Each situation between parties may be different. Attorney’s normally deal with dispute cases. It is in the attorney’s best interest for the legal process of litigation to go smoothly.
Dispute Resolution System (DRS) is used to solve disputes, hence in the name. DRS uses few methods without the interference of a third party. Steps to prevent and resolve such disputes come as follows:
It will benefit both the buyer and seller to be able to mediate and arbitrate problems prior to a real estate transaction with a purchase contract agreement. By preventing future issues during the transaction process, transactions will be more organized and completed quickly.
During a real estate transaction, things may get difficult to navigate during the process. Considering hiring an attorney will put you at ease. By doing so, navigating through documents, resolving disputes, and making intelligent decisions will work in your favor. The benefits of the transaction results will follow through in a blink of an eye.
If you or someone you know is in a real estate purchase or sale dispute we invite you to contact our office at (310) 943-1171 for a free consultation with a Los Angeles real estate attorney.
A prescriptive easement can be granted when one person continued to use a portion of another person’s land for a specific period of time. A court can grant a prescriptive easement even if the owner never allowed others to use their land.
Scope of the easement refers to how the easement can be used which is determined by the type of easement.
For more information regarding easements, land use, property rights, and or development laws, we invite you to contact KAASS LAW today at (310) 943-1171.
In California, various circumstances can lead to the termination of an easement, depending on its type and how the parties have used or managed it over time. Factors such as expiration of a set term, abandonment, misuse, or a written release from the easement holder can all bring an easement to an end. 1. Expiration of term or accomplishment of purpose. An easement terminates when the parties establish it for a specific term and that term expires. Once the agreed-upon time period ends, the easement holder no longer has any legal right to use the property under the original agreement. 2. Merger. If the dominant and burdened parcels become the property of the same person, the easement generally terminates. 3. Written abandonment. The holder of an easement may waive his or her right by signing a written waiver. To ensure enforceability, the property owner must usually record the waiver in the official land records maintained by the county recorder’s office. This step creates a public record of the waiver and provides notice to any future buyers, lenders, or interested parties. 4. Termination. An easement terminates when the owner takes clear actions that demonstrate an intent to abandon its use. Mere non-use does not qualify; the owner must engage in conduct that shows a decisive and purposeful relinquishment of the easement rights. 5. Abuse or Excess of Rights. If one party abuses the easement, the court can step in to either modify its terms or terminate it entirely. The court takes such action when the easement holder exceeds the scope of their legal rights or uses the easement in a way that unfairly burdens the property owner.
If a dispute arises over the existence or scope of an easement, the parties may file a quiet title action. This action allows the court to formally determine the parties' rights to the property. This includes the existence, absence, or termination of an easement.
The proper creation, protection, and termination of easements requires knowledge of California real estate law. Mistakes in these matters can result in loss of property and costly litigation. If you have questions regarding easements, contact KAASS LAW. Call us at 844-522-7752 for a free consultation.
The following is a list of the rights and liabilities that tenants in common have:
Each tenant in common has the right to transfer their ownership interest to a third party. Essentially, the tenant in common can sell, gift, or mortgage their share. Should the other tenants in common be negatively affected by this transfer, the owners must all agree to the transfer.
Each tenant in common has a right to share the income produced from the property. Thus, each tenant in common may receive the income that is proportional to their share of ownership interest they have on the property.
Each tenant in common shares responsibility of the property expenses. This responsibility is based on the percentage of ownership interest each tenant in common owns. To use an example to demonstrate, if a tenant in common has 60% ownership, they will pay 60% of the expenses.
If a creditor gains an interest in the property, all tenancy in common owners may need to sell the property. However, the other tenants in common can be compensated for the sale of the property based on the percentage of their ownership interest.
A co-owner can terminate the tenancy in common by selling, conveying, or transferring their interest in the property to a third party.
In addition to the rights and responsibilities of co-owners, it is important to consider the tax implications of tenancy in common. Each co-owner must declare their share of the property’s income and expenses, if the property is rented out, each co-owner reports his or her share of the rental income on the tax return. Similarly, co-owners share expenses in proportion to their ownership. This means that co-owners must keep clear financial records of all income and expenses.
Yes, a co-owner can file a partition action - a lawsuit to divide the property. If the other co-owners do not agree to the terms of ownership, one of them can go to court. This forces the sale of the property or allocates their share. Often, the court will order the sale of the entire property, followed by a distribution of the proceeds to the co-owners. Thus, even if most unit owners oppose the sale, the court can still order it.
As an alternative to court partition, co-owners may enter into a tenancy in common agreement. Such a document governs:
This is especially important if the owners are not related or do not live together. The contract will help prevent conflicts and avoid lengthy litigation in the future.
If you thinking of creating a tenancy in common, please contact KAASS LAW. (310) 943-1171 for a consultation. Our attorneys will provide the legal assistance you need to help create a tenancy in common for you.
A property lien in California can remain in the possession of property or personal property for up to 10 years, even when the property is not the property of the debtor. In addition, before it expires, a creditor should renew the lien. When the lien expires, it is no longer compulsory and the lender can not get the cash. You cannot renew the lien for 5 years after renewing it. Make sure to renew the lien in California every 10 years before the estate decision ends. A creditor must remember that several variables affect the ability to collect under a judgment lien. This involves a fixed amount that the creditor can not touch if the attached property is the debtor's primary residence, other replaceable liabilities, and bankruptcy or foreclosure proceedings.
If the Judgment is still in effect, there is usually only one way to release the lien of decision, and that is through Judgment Satisfaction. The lender of the judgment must record a Judgment Satisfaction or alternative type of lien discharge. In California, there is no statutory right to introduce a motion to terminate the Judgment Abstract. KAASS LAW helps you create, renew, and satisfy judgment liens in California.
Judgment liens in California place restrictions on foreclosures. However, they do not always guarantee collection of the debt. For example, if a mortgage already encumbers the property, a judgment lien holds lower priority. It cannot be discharged until senior creditors are satisfied. In addition, if the debtor files for bankruptcy, the court may stay the lien. Or cancel it as part of a debt relief proceeding. If the property is owned by more than one person, the judgment lien may only attach to the debtor's interest. This limits your ability to collect. Especially if the other owners oppose a foreclosure sale.
The presence of a judgment lien significantly reduces the likelihood of a successful sale of a property. Buyers typically avoid purchasing a foreclosed property because of the legal risks involved. When a sale is completed, the lien must:
If the debtor decides to sell the property, the proceeds of the sale must be used to pay off the judgment lien. The provisions of the California Code of Civil Procedure govern this.
The debtor can remove a judgment lien only after fully paying the amount specified in the writ of execution or obtaining a court order. After receiving the full amount owed, the creditor must file an acknowledgment of satisfaction of the judgment. Without this record, even if the debt is actually paid, the lien will remain in the system. And while it is in the system, it will restrict the disposition of the property. If the creditor fails to file a notice of discharge, the debtor has the right to go to court. With a motion to compulsorily remove the lien.
If you are a creditor seeking to:
Or a debtor who wants to get rid of a wrongful or overdue encumbrance, the specialists at KAASS LAW are ready to help. We provide qualified legal assistance at every stage of the process. Call us at (310) 943-1171 or visit our Glendale office for a free consultation and evaluation of your situation.