Real Estate Laws Everyone Should Know

Real Estate Laws Everyone Should Know
Real Estate Laws Everyone Should Know

5 California Property And Real Estate Laws Everyone Should Know

If you own real estate in California (or you are in the process of buying real property), many laws will set out your rights and responsibilities as the owner of the land. We recommend that you become familiar with California real estate laws and how they affect you as an owner.

Whether you only own your personal residence or some of the property as a landlord, you must be aware of California’s property and real estate laws that govern your actions when buying, selling, renting or own that land. While it’s definitely important to know all of them, we highly recommend checking out the real estate laws we cover below.

See also: What Does a Real Estate Attorney Do?

Here are five key California property and real estate laws that everyone should know.

  1. Contracts relating to property and real estate must be in writing. Lease contracts, sales contracts, commission agreements, licenses, and many other property and real estate contracts must be made in writing to be valid. Make sure to have a real estate attorney draft a valid contract and keep it in a safe, accessible place, or you risk the validity of the transaction and even fraud.
  2. All property defects must be disclosed prior to purchase or rental. Any known material defects must be disclosed to prospective buyers or renters before closing. This includes any deaths that may have occurred on the property within the past three years.
  3. Abandoned property is ceded to the government after three years. Under California real estate laws, a property that is abandoned or lost is considered “unclaimed property.” If a property retains its unclaimed status for three years, it is turned over to the California government. You must officially reclaim any property you intend to hold before such a time.
  4. Security deposits for rentals are allowed, but they are limited. Security deposits for the rented property cannot exceed two months’ rent, or three months in the case of a furnished rental. They must be refundable. All security deposits must be returned in full at the end of the lease unless some or part of the deposit is withheld to pay for unpaid rent, damage of the property beyond normal wear and tear, or cleaning fees. This includes any security deposits related to pets.
  5. Evictions require proper notice. For a landlord to evict a tenant, they must give prior notice for the tenant to vacate the premises. The procedure for evicting a tenant can be complicated.

These five laws form the basis of California’s property and real estate laws, but they do not include all laws that may apply to your property. To ensure that you are complying with all relevant property laws, you must be familiar with even confusing regulations.

California Real Estate: Buying, Selling, and Owning Property

Real Estate Laws Everyone Should Know
Real Estate Laws Everyone Should Know

Buying a House or Property in California

Pros and cons of using the double agent to help buy a home in California

  • Be wary of entering an agreement where the seller’s agent is supposed to represent you.

Before buying a house in California, here’s what you need to know

  • From taxes to dual agent relationships to disclosure requirements, California has a number of unique practices when it comes to buying real estate.

Can I build a small house on vacant land in California?

  • What is legal in one California city may not be in another city on a highway.

How to buy a house in California

This all-in-one guide will help you make informed, practical decisions on how to find the right agent, get the most up-to-date information on mortgage options, make offers, negotiate the best price, and more.

Selling a House or Property in California

Selling a house in California? Key legal requirements

  • If you are selling a home in California, you need to know many legal requirements.

Want to subdivide your California assets? What could be legal

  • Find out what California real estate laws will ask you before taking the steps to divide and sell each part of your parcel.

California Brokers Disclosure Requirements on Property Defects to Home Buyers

  • California real estate brokers have similar disclosure obligations to property sellers.

Owning a Home in California

Can you sue a California builder for new home construction defects?

  • Explore the laws and other facilities that hold the builder of your newly built home accountable for defects.

Legal remedies if the California Home Seller conceals a defect

  • Your rights, including suing the seller, about a defect in the home that the seller has not told you about.

Can I put a small home on wheels (THOW) in my backyard in California?

  • Find out what California zoning and land use real estate laws apply before you place a small wheeled home in your backyard.

How to Conduct California HOA Board Meetings Safely During the Coronavirus Pandemic

  • While serving on a Home-Owner’s Association (HOA) board can be challenging in the best of times, in the era of COVID-19 and social distancing, how can HOA boards protect physical health and safety while also complying with the technical legalities of open board meetings? California Law and Other Requirements


Need Professional Help? Talk to a Real Estate Attorney.

Lynx Legal Service will help you get started on the right foot. Send an email and we’ll get back to you as soon as possible. Call us today at 888-441-2355.

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