California Real Estate Law – Attention General Consumers, Buyers, Sellers, Tenants, or Landlords
The California real estate law can be quite complicated especially when you are not aware of where and how to look for specific articles that directly affect you, or when you find the general terms used as alien to you.
It is important, however, to learn about California real estate law as doing so also informs you of your rights with regards to the possession and ownership of land, houses and buildings attached to land.
To give you a quick overview, here are some important points and concepts defined by the California real estate law that can concern you either as a prospective property buyer, a tenant, a landlord or even as a general consumer…
About Real Estate Ownership
The term ownership as used in the California real estate law can include the right to sell, to use for encumbrance, to improve property and the right to possess and use property. Ownership can be held by a single person or more.
For example, with joint tenancy (type of property ownership that’s common for husband and wife), both owners have equal rights and interests over the property. This means that they both have the right to encumber, possess and sell the said property. When one of them dies, the remaining joint tenant or owner automatically assumes ownership by right of survivorship.
About Titles and Deeds on Residential Real Estate
Real estate sales are quite common proceedings that happen almost everyday in most states. The real estate property title is the proof of ownership (actual or documentary) on a certain piece of real estate.
Based on California real estate law, if one property is to be transferred to another, a written deed must also be present. The deed should contain the following information: the name of the person granting the property, the person on the receiving end, the real estate property involved and all the words that signify the conveyance. The records for real estate are kept under each county in California.
Thus, if the involved property is located in a specific county, then all documents relating to it must also be filed in the said county.
About the Purchase and Sale of Residential Real Estate
Generally, it can be said that the state of California offers many home purchase programs that give the best chances to prospective buyers from all income brackets.
It is also every buyer’s or seller’s right to get the professional assistance of real estate agents in any transaction.
When someone sells real estate property, the seller is obligated by law to disclose all known problems and hazards to the potential buyer. Buyers of condominiums in California must be given copies of the homeowner association’s by-laws, financial statements as well as other important documents.
Buyers can pay for structural defect inspection, pest inspection or even asbestos inspection, or they can agree with the seller on who pays for inspection costs.
About Landlord-Tenant Laws Under the California Real Estate Law
Under the California real estate law, home, apartment or room owners (also called landlords) can rent out the said living spaces for a legally reasonable fee under a written or oral contract.
The written or oral contract, also called rental agreement, can either be done as fixed term leases or as periodic agreements. If the lease is to last for more than a year, then a written rental contract must be present.
Security deposits can be paid to landlords but California real estate law puts certain limits as to their amount. For example, for an unfurnished apartment, the security deposit should not go over the amount equivalent to two-months rent.
Click here for more information on the California Landlord-Tenant Laws.
About Public Utility Rule on California Real Estate
It is not allowed by California laws that a regulated public utility company shut off heat, electrical, gas or water service to any kind of residence without at least 10 days prior notice in writing.
About Housing Discrimination
Both federal and California real estate laws say it is illegal to discriminate someone from real estate property rentals or purchase based on color, religion, race, marital status, ancestry, gender, familial status, or disability. Any discrimination complaint must be filed within one year (starting from the date of the act of discrimination) with the DFEH (Dept. of Fair Employment and Housing).