san diego lawyers

Archive for the ‘Home Ownership’ Category

Mere Homebuyer’s Remorse or Did the Seller Fail to Disclose Defects? California Homebuyer Protections & Problems After Closing

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…)

It’s Your Property, But What Can Be Done If San Diego’s Zoning Laws Stand In the Way of Your Plans?

Wednesday, November 18th, 2009

After meeting in the same location for more than two decades, a local San Diego County church was told by the county that its members could no longer meet in its usual church building, reports Anne Krueger of the San Diego Union Tribune.  It’s also reported by a San Diego Union Tribune AP article that several hundred miles north of San Diego, nine Fresno area medical marijuana dispensaries have been ordered to shut down.  Elsewhere, in the affluent coastal city of Palos Verdes Estates in Los Angeles County, a homeowner currently faces misdemeanor charges for allegedly running her home as a “party palace,” as detailed by Jeff Gottlieb in the Los Angeles Times.  What do these stories have in common?  Accusations of zoning violations.  (more…)

My Neighbor, My Problem: Handling a Next-Door Nuisance

Wednesday, October 7th, 2009

As a homeowner, you have many property rights, including the right to enjoy your home.  Not everything your neighbor does that you don’t like can legally be considered a nuisance, but when your neighbor’s activities or the conditions on their property significantly and unreasonably interfere with your own right to use and enjoy your land, there’s a “private nuisance.”  A nuisance occurs even though your neighbor hasn’t stepped foot on your property.  If there has been a physical entry by someone or something onto your land, then there may be a trespass.  When actions interfere with the health, safety or property rights of the community, then there may be a “public nuisance.”  Common examples of nuisances caused by neighbors or nearby businesses can range from excessive noise, offensive odors, air and water pollution, or excessive lighting that seems to replicate that daytime feel in the middle of the night. (more…)


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