ARIA LAW GROUP works extensively with property owners, in both commercial real estate and residential real estate matters. Our real estate lawyer represents homeowners, investors, lenders, brokers, agents, landlords and tenants. As a local firm, we are familiar with local real estate concerns. If you are seeking representation related to your involvement in any real estate activities, ARIA LAW GROUP is your law firm
California Real Estate Contracts and Transfers
The agreement to sell between a real estate buyer and seller is governed by the general principles of contract law. The statute of frauds requires that real property contracts be in writing. Title to real estate must be marketable to be free from liability, which means that it must be free and clear of all encumbrances, liens, clouds, litigation risks, or other title defects.
To ensure marketable title, the buyer typically employs an attorney or a title insurance company to perform a title search. In a title search, the searcher examines the public records in the county in which a property is located to map a chain of title by examining all the recorded deeds concerning the property.
The title searcher will also determine if there are any encumbrances on the property, such as mortgages, unpaid real estate taxes, liens for municipal improvements, unpaid federal taxes, government claims, legal judgments, foreclosures, condemnations, covenants, and easements. A title insurance company will insure the buyer against losses caused by the title’s invalidity.
To pass title, the seller must execute and deliver a deed with a proper description of the land. Many states require that the deed be officially recorded to establish ownership of the property and to provide notice of its transfer to subsequent purchasers.
The most common method of financing a real estate transaction is through a loan secured by a mortgage on the property. A mortgage involves the transfer of an interest in land as security for an obligation. Failure to pay the mortgage debt once foreclosure occurs results in the sale of the property to satisfy any remaining mortgage debt.
Our Iranian real estate lawyer in Palo Alto California, Help Resolving Many Property Ownership Concerns
Resolving easements, title and other private property rights disputes depends on the actions involved. Our real estate lawyer handles these types of fact and issue-specific real estate law matters including:
- Easements – This type of dispute does not involve possession, but rather passing over someone else property of necessity or consistent use over time, such as shared driveway access.
- Right-of-way – Is one party entitled to drive through another private property to access their own? We can help establish the facts and protect your rights.
- Title to property – We handle claims for adverse possession, quiet title lawsuits and related disputes over property ownership.
- Boundary disputes – Our firm assists with interpreting recorded land surveys and defending a client’s claims under the law.
Our California Law firm has dealt with real estate law since we began practicing law. We understand the ever-evolving real estate market and keep abreast of changes in the law affecting property owners in California including Santa Clara, San Mateo and neighboring counties. We also faced their own real estate issues and know what it’s like trying to have to deal with them as property owners.
Please call our office if you have real estate legal issues in the following areas:
- Asset Protection
- Holding Title to Real Estate
- Real Estate Purchase and Sale Agreements
- Equity Share Agreements
- Boundary Issues
- Landlord Tenant Disputes
- Partnership and Co-Ownership Agreements
- Residential Leases
- Commercial Leases
- Real Estate Investment
- Wealth Planning for Real Estate
Contact us or call our California real estate lawyer today for a confidential consultation at (650) 391-9630.