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Real Estate Law

Real Estate Laws Protect You

Real estate brokers, agents and developers deal with several properties at once. Is it possible for an agent or broker to know about problems at all their listings or if there are constructional defects on major projects?

Owners are required to report lead paint, pest infestation, drainage issues, neighbor and boundary issues and construction defects. However, owners do not always report problems in a sale; and buyers, real estate brokers and agents can be liable. If you face any real estate-related lawsuits, call Furukawa Castles LLP.

Construction Hazards And Defects Affect Transactions

Problems come up whenever a structure does not meet reasonable expectations. Any property that has unsuitable construction can be considered to have a defect.

Defects can include:

  • Bowing or slanting floors and walls
  • Deaths on the property
  • Door and window problems
  • Drainage problems’
  • Electrical issues
  • Faulty framing
  • Foundation cracks
  • Irregular soil movement
  • Known sex offenders living in the neighborhood
  • Leaky roofs
  • Leaky windows
  • Mold
  • Plumbing issues

Important Property Issues And Laws

Sometimes, defects do not show up for months (sometimes years) after a sale. The buyer has the right to get just compensation.

Realtors and brokers must report property hazards and defects if they know about them too. If someone did not disclose those problems to the buyer, they probably did not tell you either. You are supposed to reasonably examine the property, and an inspector must examine it. The owner and agent both can be liable if the defects were not found in the inspection. Each case is different, but we can help you defend yourself against liability issues.

California’s real estate laws include:

  • Abandoned property: If a property is abandoned or considered unclaimed for three years, it becomes property of the state.
  • Known defects (or if there were any deaths on the property) must be disclosed before closing.
  • Tenants must be notified before they must leave the property.
  • Real estate and property contracts must be in writing.
  • Security deposits: They cannot be more than two months rent (three months if rental is furnished). They must be returned in full at the end of the lease unless it is used to for unpaid rent; reimbursement for damaged property; and cleaning fees.

Proven Real Estate Lawyers Working For You

We know real estate law. Email us or call our Burlingame offices at 415-510-2823 to protect your rights.

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