San Diego Real Estate Law – Frequently Asked Questions FAQs

Real Estate Law – Frequently Asked Questions

Q. If I have purchased a home and found that something inside the home was faulty when I purchased it, is there anything I can do about it? 

A. In most purchases, the buyer will be offered a warranty policy to cover certain losses incurred by that buyer. You should determine whether you were given or purchased a warranty policy at the time of the home purchase. Additionally, In California you have a right to inspect the home before you purchase it and the seller has an obligation to disclose any defects.  You may have a claim against the seller and your inspection company if they were negligent in discovering and/or disclosing anything materially wrong with the house. If not, you may need to speak to a San Diego real estate law attorney.

Q. I plan on purchasing a home in the next few months, what should I make sure of when I am purchasing a home?

A. While not always necessary, it is a great idea to consult a real estate attorney before purchasing a home. Regardless, there are several things you should make sure of before signing any contracts. Make sure that all property which is supposed to go with the home is included in the contract. This may include appliances or other extras you were promised. You also want to inspect the damage report and look at the surrounding area.

Q.  I am leasing space for my business.  What should I watch out for?

A.  Commercial leases are always a matter of negotiation.  It is strongly recommended that you utilize the services of a broker and/or real estate lawyer.  How a lease is written is crucial to the future of your business, your personal liability and your future plans for your company.

Q.  I am buying a commercial property.  Why do I need an attorney?

A.  Purchasing a commercial property carries with it substantial profit and risk.  Today’s toxic tort laws and insurance laws make it very difficult to quantify your investment.  Also, how title is held and the risks of being taken advantage of are serious.  The cost to have a lawyer review and assist with negotiations is very little compare to the purchase price and over all risks involved.

Q.  I want to build my own house, what should I plan for?

A.  Being your own general contractor is exciting and can save you lots of money in the long run.  However, making sure you have the right business structure, contracts for subs and understand the mechanics lien laws is important.  Hiring a lawyer with real estate experience in these matters can save you a lot in worry and expense.

Q.  I have a boundary dispute with my neighbor.  What should I do?

A.  Boundary disputes and easements affect the ownership of your land. Sometimes issues with boundary disputes and existing or potential future easement claims can be worked through without too much difficulty. Sometimes, litigation is the only choice left to protect your property rights. If you do not act quickly, your property value may drop significantly and permanently.

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