Even if the zoning of an area seems obvious (e.g. commercial, residential, industrial, or agricultural), San Diego and other cities often add many more detailed restrictions to each zoned area to control how various pieces of property are used.  Whether you’re building, renovating, buying, or selling real estate, if you don’t have the relevant zoning ordinances researched and analyzed by a competent attorney, you may be setting yourself up for a very costly mistake. 

If it turns out that there’s a conflict between your plans and the applicable zoning laws, there are different options to consider.  Individuals or the government can try to change the zoning laws covering the property, but this requires public hearings and other procedures that may be unnecessary.  Instead, if the change you need is reasonable for the area, a lawyer can apply for a zoning variance for you.  By getting a variance permit, you’re able to use the property differently from what the zoning law requires.  In some circumstances – such as a sudden change in zoning laws that cause your property to be in violation – a “non-conforming use permit,” or other type of permit, or even other type of legal action – may be required.  At San Diego Law Firm, we can determine the zoning and other use restrictions on your property, recommend any type variance, permit, or legal action needed for you to get the most value from your property, and take action to obtain whatever variance, permit, or other legal relief you need. 

Whether you’re a homeowner or developer, we understand the challenges that land use laws can pose to your financial investment.  Meet with San Diego Law Firm’s knowledgeable residential and commercial real estate attorneys for help in obtaining zoning permits and variances and resolving any land use disputes.  Please contact us at (619) 794-0243 for fast, friendly help with all types of land use and real estate problems.

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.”

In California, home sellers must fill out and give to buyers an elaborate home disclosure checklist covering an enormous range of problems that the sellers may know about.  For example, among other things, sellers must disclose whether the roof leaks, whether a death occurred on the property during the three previous years, or whether there is a neighborhood nuisance such as a dog that barks every night.  California sellers must also disclose if the home is vulnerable to flooding, earthquakes, fires, or environmental hazards.  Finally, depending on the age of the home, the sellers may be required by federal law to disclose knowledge of any lead-based paint in or around the home.

If sellers do not tell the buyer about a known existing or potential defect that affects the value of the home, the sellers are on the hook for the repair bills, and may even be sued by the buyer to force them to also pay for loss of use or decreased value of the home.  However, if the sellers fully disclose the defect and it becomes a problem again, the buyer will likely have to foot the repair bill with little or no chance of holding the sellers legally responsible.

If you are considering buying or selling a home with a known defect, it is a good idea to first obtain legal advice from one of the experienced real estate attorneys at San Diego Law Firm.  If you are the home seller, we can help you make full disclosures and limit your responsibility for future repair costs.  If you are the buyer, we can help you make the best use of experts to determine repair costs, or the dollar amount by which the defect reduces the value of the home.  Please contact San Diego Law Firm at (619) 794-0243 to schedule an appointment.  We look forward to helping you.

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. 

As your real estate attorneys, it’s not our job to push for a sale.  We focus on protecting your interests because we know there’s a lot at stake in any real estate purchase and sale. 

Take a close look at the property and potential legal problems

Whether you’re a buyer or seller, your lawyer can examine any legal issues related to the property.  Buyers need to make sure their investment will be worthwhile, and sellers need to be careful not to violate real estate laws and/or violate the purchase and sale contract. 

Real estate agents do a lot in a real estate sale and purchase, but their role is not to give legal advice.  Whether you’re buying a home or investment property, there are many legal issues to examine.  For example, we’ll:

      ●    Examine the title (including the history of ownership for the property), and check whether there are any clouds on the title that need to be cleared

      ●    Look for any liens, easements, property line disputes, and zoning violations

      ●    Advise you about inspections and disclosures

      ●    Prepare your purchase agreement (see below for more on this)

Understand the deal, and know what to ask for

There’s a lot of paperwork involved in buying and selling a home and other real estate, which means there are a lot of terms to negotiate if you know what to ask for. 

Your sale or purchase officially begins with the Purchase Agreement.  If the buyer’s offer is accepted by the seller, you’re both in a binding contract.  In most situations there can be serious consequences for backing out in violation of the contract, but your lawyer can build in protections in case things go wrong later. 

The key terms of the deal are in the purchase contract, but often the real estate agent will use a standard fill-in-the-blanks contract that won’t necessarily keep your personal interests safe.  Here are a few examples of what your real estate lawyer can help you with when preparing the purchase agreement and overseeing related issues: 

      ●    Will the seller make any promises and guarantees to the buyer when transferring ownership?

      ●    If you’re a buyer, will you be let out of the contract if you can’t get a loan, or aren’t able to sell your current home?  Also, are the terms offered by the lender good for you in the long run?

      ●    If inspections reveal problems, will the seller be responsible for any and all repairs?  Will the buyer be given credits instead?  And at what point can a buyer cancel the deal?

      ●    As a buyer, do you know how you should take title to the property?  For example, will it help or hurt you to take title as “joint tenants with right of survivorship.”  If you’re a real estate investor, should you create an LLC or corporation to hold title?

Getting help at the closing

The closing finalizes the transaction and transfers ownership from seller to buyer.  We’ll make sure contingencies have been removed, settle any remaining issues, and ensure you provide and receive all the required documents.  The bottom line is that you need to fully understand the real estate documents you’re given.  We’ll explain the terms, and identify things that should be included in your purchase agreement. 

Your real estate agent or broker does a lot for you, but your agent can’t provide the same kind of legal help and advice that a real estate lawyer can.  We’ll work to protect your interests at every stage in the process and look into potential problems.  Contact San Diego Law Firm’s skilled real estate attorneys at (619) 794-0243.

In a typical real estate purchase, California law requires sellers to disclose certain defects that they knew or should have known about, and the seller must provide the buyer with an additional disclosure statement.  Not only that, but the seller’s real estate agent must visually inspect the home and disclose any information that can materially affect the property’s marketability.  These types of problems can hurt resale value and seriously affect a buyer’s ability to sell the real estate later on.  So what must a seller disclose? Examples include leaky roofs, defective plumbing, electrical problems, building code or zoning violations, construction defects, insect infestations, and other problems or conditions.  Legal problems that must be disclosed include encroachments or easements, liens on the property, or issues with title to the property.  At times, the seller’s actions may even amount to fraud.

In addition to the mandatory disclosures under California law, when negotiating the deal a seller may decide to go beyond the minimum disclosure requirements and include warranties in the real estate purchase agreement.  Unlike with the state law disclosures, if a warranty in the contract is breached, the seller can be held liable even if the seller had no reason to know that the representation was false.  If you’ve discovered defects in your home after moving in or have been defrauded by the seller, contact our skilled real estate lawyers as soon as possible, before any time limits on your claim expire.  We’ll discuss your options and help you obtain compensation to repair the undisclosed defect or, in some cases, rescind the purchase.  Similarly, if you’re a seller who has wrongfully been accused in a nondisclosure case, we’ll evaluate the circumstances and work toward resolution.  Contact San Diego Law Firm’s experienced advocates at (619) 794-0243 for help with any real estate dispute.

If you already bought your first home in 2008, and after April 8, then you may also be eligible for a tax credit up to $7,500, but the rules change because you’ll be required to repay the credit over 15 years on your future tax returns.  While the deal’s not as sweet, you can still benefit because the credit acts like an interest-free loan from the government.  Note that even if you purchase your home in 2009, the repayment requirement will kick in if you stop using the home as your principal residence within 36 months of the purchase date.  Those interested can visit the IRS website to see how it works and for more details on whether the home you’re buying (or the home you built) will qualify for the credit. 

Once you find a home you want to buy, you’ll need to work out the contract details, get inspections done, get your mortgage approved, and have everything else done to prepare for closing.  This will usually take up to two months.  Senior Financial Analyst Greg McBride suggests in the Wall Street Journal that you get pre-approved for a loan to speed up the purchase once you do find the home you want to buy. 

Even with the impending deadline, remember that this is a huge purchase, so don’t skip over important considerations, such as your mortgage options.  Compare plans according to your finances and requirements in order to get the best deal.  It’s also crucial that you fully understand the terms of the sale.  Home buyers and sellers can greatly benefit from our extensive real estate knowledge as we work to protect your interests.  We’ll examine whether there’s a title or easement issue, negotiate the terms of the agreement, prepare required documents, and deal with any problems that arise during inspections or at closing.  Contact San Diego Law Firm’s real estate lawyers at (619) 794-0243 for help in closing your deal and safeguarding your investment.