Blog Archives

Are you legally obligated to join a homeowners association?

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189845364_L Are you legally obligated to join a homeowners association? While some HOAs allow voluntary participation, others require membership. A required membership community does require residents to join the association, pay dues, and abide by community rules. In this case, the…
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Posted in Homeowners Association Law, Personal Law, Real Estate

Understanding Mechanics Liens in CA

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Mechanics Liens in CA.jpg   Understanding Mechanics Liens in CA This article will help you understand mechanics liens, which can be a complex legal tool with significant financial implications. It’s critical for any contractor, business owner, or owner of property to know how this…
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Posted in Real Estate

Transferring Property to an LLC

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Transferring Property to an LLC Transferring Property to an LLC In California, when real estate is transferred it typically results in a change in ownership, which causes the property’s taxable value to be reassessed. However, there are a few exceptions to help avoid a reassessment…
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Posted in Real Estate

Do Not Ignore Old Deeds, Mortgages, and Trusts

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Do Not Ignore Old Deeds, Mortgages, and Trusts Do Not Ignore Old Deeds, Mortgages, and Trusts Many property owners may be operating under the belief that old mortgages, deeds of trust, and other documents that provide a security interest in real property to secure a debt will disappear…
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Posted in Real Estate

What Are Exclusive Easements in CA?

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What Are Exclusive Easements in CA? What Are Exclusive Easements in CA? An easement is defined as a tool within the legal system that grants someone other than the landowner to use a portion of land. An easement imposes limitations on how a person can use…
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Posted in Real Estate

Home Improvement Contract

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Home Improvement Contract Home Improvement Contract If any home improvements are set to be made, California law has requirements. Contractors have to provide homeowners with a Home Improvement Contract (HIC). The HIC must comply with California law. The content of a construction agreement…
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Posted in Real Estate

Falling Trees

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Falling Trees Falling Trees Mother Nature is a force that cannot be controlled. She does, however, impact everyday life. And some days nature can cause quite a stir. If you own property, chances are you will eventually run into an issue with…
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Posted in Real Estate

Real Estate Withholding Credit for Pass-Through Entities

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Real Estate Withholding Credit for Pass-Through Entities Real Estate Withholding Credit for Pass-Through Entities According to the California Franchise Tax Board (FTB) Business entities that pass through any income, credits or deductions to an owner additionally have to pass the real estate withholding credit. A pass through…
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Posted in Real Estate

Liability of Broker in Real Estate Transactions

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Liability of Broker in Real Estate Transactions Liability of Broker in Real Estate Transactions A broker can be found liable on a contract or tort basis. A broker who is involved in a contract would be found liable if they do not comply with provisions in the…
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Posted in Real Estate

Liquidated Damages

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Liquidated Damages Liquidated Damages Damages incurred because of a breach of contract are defined as liquidated damages. In order to avoid liquidated damages, parties must determine what is viable in advance. In California, if liquidated damages do not have a reasonable relationship…
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Posted in Corporate Law, Real Estate