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California's 10 Commandments of Real Estate

Written by Mark A. Gomez, Esq., Edited by Alexandra Blair March 10, 2017

Navigating the complexities of real estate in California can be daunting, whether you’re buying your first home, investing in property, or managing rental units. The legal landscape is filled with potential pitfalls, and making the wrong move can have significant financial and legal repercussions. To help you make informed decisions and safeguard your interests, we’ve compiled ten essential commandments for anyone involved in real estate in the Golden State. By adhering to the following guidelines, you can confidently navigate your real estate journey and avoid common pitfalls.

  1. Always Put It in Writing
    No matter if it’s your brother, sister, or close friend, never ignore the rule of putting everything in writing. In California, any real estate agreement must be in writing to be valid. Without this, you could spend thousands of dollars seeking an exception later. Written agreements also clarify each party’s duties, preventing misunderstandings and potential exploitation over time. Meeting with an attorney to formalize the agreement ensures everyone is on the same page.

  2. Do Not Sign Anything Until Your Attorney Reviews It
    Many clients have lost title to their homes because they unknowingly signed a Grant Deed, Power of Attorney, or a seemingly harmless loan document. Paying an attorney to review documents and offer advice is a small price compared to the potential costs of signing without legal guidance.

  3. Hire the Right Attorney for Your Specific Legal Issue
    Different legal issues require different expertise. Just as you wouldn't hire a cardiologist for a broken bone, don't hire a criminal defense attorney for a real estate issue. Specialization matters, and having an attorney experienced in real estate law ensures you get the best representation for your specific needs.

  4. Hire an Attorney, Not a ‘Paralegal’
    In California, it is illegal for non-attorneys to practice law. Many unlicensed 'paralegals' offer services that can harm your legal interests. Licensed attorneys, such as those at Gomez Law, APC, often provide flat fee packages for legal paperwork, ensuring your documents are correctly filed and your interests protected.

  5. Know Your Property’s Boundary Lines and Easements
    Always be aware of your property's boundaries and any easements that might affect it. If a neighbor uses your land without permission for an extended period, they could gain legal rights to it. Understanding your property lines can prevent such issues.

  6. Double Check Everything if You Want to Be a Landlord
    Renting out property in California, especially in cities with rent control like Los Angeles, involves navigating complex laws that protect tenants' rights. Missteps can lead to significant legal and financial issues. Consult an eviction attorney to understand your responsibilities and protect your interests.

  7. Plan for the Future
    Placing your property in a trust can protect it from lawsuits and help avoid probate. Estate planning is crucial, especially if real estate is a significant family asset. Meeting with an estate planning attorney can secure your property for future generations and prevent unforeseen legal issues.

  8. Understand Local Real Estate Laws
    Real estate laws can vary significantly by city and county. Be aware of local regulations, zoning laws, and building codes. Understanding these laws can prevent legal issues and ensure your real estate transactions go smoothly.

  9. Stay Informed About Market Conditions
    The real estate market is constantly changing. Stay informed about current market conditions, interest rates, and economic trends. This knowledge can help you make informed decisions and maximize your investment returns.

  10. Seek Legal Advice Before Making Major Decisions
    Whether buying, selling, or investing in property, always seek legal advice before making major decisions. A knowledgeable attorney can provide valuable insights, protect your interests, and help you avoid costly mistakes.

For further information and assistance, contact Gomez Law, APC at (855) 219-3333.

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