Resources

Real Estate Issues

Contract Issues:

Purchase and Sales Agreements -
Preparation or modification of Purchase Contracts.
Contract Issues -
Those which arise during negotiation.
Option Agreements -
Acquiring a right to purchase in the future.
First Right of Refusal -
The right to match another’s offer to purchase.
Contract Disputes -
Solving real estate problems which are based on contract issues.

Property Ownership Issues:

Boundary Disputes -
Survey or lot line issues.
Adverse Possession -
Acquiring title by five years of adverse use.
Holding Title -
Joint tenants, community property, trusts or other methods.
Title Transfer -
By Grant Deed, Quit Claim Deed or other methods.
Title Insurance Coverage -
Missed title encumbrances.
Escrow Problems -
Issues arise when transferring property.
Water Rights -
Riparian or subsurface water issues.
Mining Claims -
Issues regarding governments award of mining claims.
Private Water Systems -
Creation and enforcement.
Slander of Title -
Wrongfully recording documents to affect title.
Condominiums -
Ownership of inside of a building with common area rights.
Fractional Ownership -
Owning a property with other people.
Property Tax Assessment -
Your rights with regard to property taxation.
Life Estate -
Creation of ownership for period of a lifetime.
Homestead
Protecting ones assets.
Mineral Rights -
The right to own and transfer subsurface rights.
Fixtures -
Who owns them.
Pest Control Issues -
When termites, dry rot or other infestations are missed.

Construction Issues:

Construction Contracts -
Preparation and enforcement.
Construction Defects -
When construction projects go bad.
Mechanics Liens -
Contractors right to encumber property.

Landlord and Tenant Issues:

Lease and Rental Agreements -
Creation and enforcement.
Eviction -
When a Tenant over stays their welcome.
Construction Eviction -
When a Landlord forces out a Tenant.

Neighbors and Subdivision Issues:

Covenants, Conditions and Restrictions -
Subdivision limitations.
Nuisance -
Neighbors creating problems.
Easements -
Creation and use of rights to Cross land of another for access.
Prescriptive Easement -
Acquired through five years of adverse use.
Homeowner’s Associations -
Rules for ownership of common areas.
Shared Fences -
Erection and maintenance of common fences.
Encroachments -
When neighbors step over the line.
Subdivision -
Dividing property into five or more parcels.
Parcel Maps -
Dividing property into four or less parcels.

Loan Issues:

Installment Sale Contracts -
Property acquired over time with monthly payments.
Short Sale -
Willingness of Lenders to discount loans to facilitate a sale.
Deed in Lieu -
A way to avoid foreclosure.
Subordination -
When a lien holder takes a junior position.
Judicial Foreclosure -
Preserving ones right to a deficiency judgment.
Non-judicial Foreclosure -
Normally a four month procedure.
Anti-deficiency Laws -
Prevents Lenders from getting a judgment against property owners.
Balloon Payments -
Enforcing Civil Code 2966.
Pre-foreclosure -
Enforcing Civil Code 1695.
Appraisal Issues -
When appraisers negligence causes damages.
Lender Liability -
Not honoring a loan commitment or other issues.
Usury -
Overcharging for interest on loans.
Loan Modification -
Avoiding foreclosure through restructuring.

Governmental Issues:

Forest Service Agreements -
All land is not owned in fee.
Zoning Laws -
Use of property limitations.
Eminent Domain -
Governments right to take property.
Condemnation -
Governments right to force repair or demolition.
Environmental Impact Reports -
Development effecting the environment.
Second Units -
Allowed through Government Code 65852.2.