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California Real Estate & Property Law FAQs

Property Ownership & Transactions

What are the basic requirements for real estate transactions in California?

Most real estate transactions require a written purchase agreement outlining terms like price, closing date, and contingencies. The process includes property disclosures, inspections, title search, title insurance, and deed transfer at closing.

What types of property ownership exist in California?

California recognizes several forms of ownership:

  • Sole ownership by one person
  • Joint tenancy with right of survivorship
  • Tenancy in common with separate interests
  • Community property between spouses
  • Trust ownership

Property Disclosures

What must sellers disclose when selling property?

Sellers must complete a Real Estate Transfer Disclosure Statement revealing known defects, hazards (earthquakes/fires), neighborhood issues, environmental problems (asbestos/lead/mold), and other material facts that could affect the property’s value.

Landlord-Tenant Relations

What are key landlord responsibilities?

Landlords must:

  • Maintain habitable living conditions
  • Make necessary repairs
  • Follow security deposit regulations
  • Provide required disclosures
  • Follow proper eviction procedures

What are tenant rights regarding eviction?

Landlords must have legally valid reasons to evict, such as:

  • Failure to pay rent
  • Lease violations
  • Property sale requiring vacancy
  • Major repairs necessitating vacancy
  • Owner move-in

Property Taxes

How are property taxes calculated in California?

Property taxes are based on Proposition 13, capped at 1% of assessed value with increases limited to 2% annually. Properties are reassessed to market value upon sale or transfer.

Fair Housing

What protections exist against housing discrimination?

California law prohibits discrimination based on:

  • Race or ethnicity
  • Religion
  • Gender or gender identity
  • Sexual orientation
  • Disability
  • Family status
  • Source of income

Property Inheritance

How does property inheritance work in California?

Property inheritance is governed by community property laws and intestate succession rules. Community property acquired during marriage is typically split equally between spouses, while separate property follows different inheritance rules.

Disability Accommodations

What rights do disabled tenants have?

Tenants with disabilities are entitled to reasonable accommodations and modifications necessary for equal housing opportunity. This includes modifications to units and common areas when necessary for accessibility.

Commercial Property

What special considerations apply to commercial properties?

Commercial properties have distinct regulations regarding:

  • Zoning and land use
  • ADA compliance
  • Lease terms
  • Property maintenance
  • Environmental regulations

Property Disputes

How are property disputes typically resolved?

Property disputes can be resolved through:

  • Negotiation between parties
  • Mediation services
  • Arbitration proceedings
  • Court litigation if necessary

Contact a California Real Estate Attorney Today

Navigating California’s real estate market doesn’t have to be overwhelming. With Bay Legal, PC, you’ll have a trusted partner by your side to handle every legal aspect of your transaction, so you can focus on what matters most—your next step.

Whether you’re buying or selling a property, our experienced attorneys are here to provide the expert guidance and conflict-free representation you need. From drafting contracts to managing timelines and post-closing support, we’re committed to ensuring your transaction goes smoothly and efficiently.

Ready to Get Started?

Don’t leave your transaction to chance. Contact Bay Legal, PC today to schedule a consultation. Call us at 650-374-7900 or fill out our online contact form to schedule a consultation and learn how we can help you succeed in your real estate goals.

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