Archive for the ‘Buying a Home’ Category
Friday, October 28th, 2011
Many San Diego real estate owners learn too late how issues with zoning and zoning variances (special use permits) can stall their plans to build or develop real estate, or jeopardize deals to buy or sell real estate. To keep your goals or project on track, you should find out before you sell or buy property exactly what it is zoned for. If you inherit property, its zoning should be one of the first things you find out before you make any use of the property or put it up for sale. (more…)
Posted in Business Real Estate, Buying a Home, Buying a Property, Real Estate, Zoning
Friday, April 1st, 2011
A home is one of the most valuable items most people will ever buy or sell. But buying or selling a home can be complicated by real estate disclosure laws that affect all persons who are parties to the sale.
Real estate disclosure laws require sellers to tell potential buyers in writing about defects related to the home, including some defects in the surrounding neighborhood that may make the home less desirable or enjoyable. In most states, home sellers only have to disclose problems they are aware of, but the list of things considered “problems” is enormous. For example, as a recent article in the ABA Journal called “Bedbug Disclosure Becomes Part of NY Real Estate Deals” explained, New York home sellers must report whether the home has ever been infested with bedbugs. This was already the law in California, which requires buyers to disclose past or present treatment of “pests.” (more…)
Posted in Business Real Estate, Buying a Home, Buying a Property, Selling a Home, Selling a Property
Friday, May 14th, 2010
Any buyer or seller of San Diego real estate should look into what a real estate attorney can do to protect you when you decide to buy or sell your home or other property.
Unlike your real estate agent—whose goal is to complete the sale and earn a commission—your real estate lawyer doesn’t work on a commission. What’s more, sometimes a real estate agent represents both the seller and buyer. In these situations, there’s bound to be conflict in representing both sides. After all, sellers want to get the highest price possible, the buyer the lowest, and the real estate agent’s commission is usually greater if the sale price is higher. (more…)
Posted in Business Real Estate, Buying a Home, Buying a Property, Deed Problems, Real Estate, Selling a Property, Views, Zoning
Wednesday, December 9th, 2009
“Let the buyer beware” – before California and other states set up certain homebuyer protections, these words haunted many purchasers who discovered major defects with their home after moving in, and were left without recourse against the seller. Under the harsh legal principle of buyer beware, a seller has no legal obligation to disclose defects to the buyer. That’s not to say that sellers are protected when they actively cover up hidden defects or make false representations, but if, for example, the seller simply failed to mention that the home is prone to flooding or landslides, then the burden is on the buyer to discover defects. While this is still the law in some jurisdictions, California and many others have abandoned this principle and now impose legal obligations on the seller in order to protect homebuyers. (more…)
Posted in Business Real Estate, Buying a Home, Buying a Property, Home Ownership, Real Estate, Selling a Property
Tuesday, September 29th, 2009
Many Californians who will be first time home buyers have their eyes on December 1, 2009, the deadline to purchase a home and get the tax credit created by the Housing and Economic Recovery Act of 2008. “First time” covers more than you would think, since it’s defined to include taxpayers who haven’t owned another principal residence during the last three years before the current purchase date. You won’t be able to qualify for the tax credit if you’re buying a rental property, since the home must be used as your main personal residence. If you buy the home in 2009 (and close by November 30), (more…)
Posted in Buying a Home, Current Events, Real Estate, Taxes
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