Real Estate Law Hanford, CA

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There is often a lot on the line for both buyers and sellers when conducting a real estate transaction. Property ownership and land use can also have significant ramifications for any party involved. Given the legal complexities of this area of the law, it is essential to have a Hanford, CA real estate lawyer ensure that your rights are protected and you are not in violation of California real estate laws.

At Griswold LaSalle Cobb Dowd & Gin LLP we provide legal guidance on a variety of real estate and property matters. We are a full-service firm that provides comprehensive oversight and representation across this broad area of the law. With more than 200 years of combined experience, our highly-skilled team can help your transaction run smoothly and resolve disputes if they arise.

What Constitutes Real Estate Law

Real estate and property law regulates and governs how property and land can be purchased, sold, and used. It applies to both residential and commercial uses, as well as landlord and tenant relationships. This area of the law is responsible for providing the parameters and directions in which these activities must take place. It also provides legal oversight and recourse for disputes concerning real estate transactions, ownership, land usage, and more.

While the overall scope of real estate law is consistent, the exact processes and requirements can vary among states. The California Department of Real Estate provides a comprehensive breakdown of all laws and regulations that apply to property transactions, land use, obligations, rights, and causes for legal action throughout the state. All real estate activity must be aligned with these laws, and your agent and the lawyer handling your transaction will be equipped with the necessary knowledge to guide you through the process.

Types of Real Estate Transactions and Processes in Hanford, CA

There are many types of real estate transactions and processes that can take place in both a residential and commercial capacity. Each one serves a distinct purpose and has a different scope of governance. These transactions can be incredibly nuanced and involve navigating complex legal requirements and negotiations before an agreement is reached. Some common types of real estate transactions and processes include:

  • Home sales
  • Short sales
  • New construction sales
  • Investment property purchases
  • Bank owned sales
  • § 1031 Exchange
  • Lease agreements
  • Foreclosures
  • Title and deed transfers and conflict disputes
  • Rezoning

An experienced real estate attorney in Hanford, CA is equipped to review and execute each of these transactions and procedures, as well as advise on what action can be taken in any situation. They can also help you avoid unnecessary or unprotected risks. Your lawyer will ensure that all legal requirements are met and that the right paperwork is completed and filed in a timely manner.

Real Estate Transaction Rights

In any real estate transaction, both parties have rights that they can exercise. These rights are in place to protect each party, and may also entitle them to take or avoid certain actions. Both parties also have the right to negotiate with each other in an effort to reach a decision that satisfies both sides. Below is a closer look at each party’s rights in a real estate transaction.

Buyer Rights

You have rights as a buyer in any real estate purchase. First, you can hire a real estate agent to represent you in finding a home or property and guide you through the transaction process. They can help you view properties and provide additional information or disclosures to help you make an informed decision. Should you choose to move forward with purchasing a property, you have the right to have one or more inspections completed, make an offer, and engage in negotiations with the seller.

Seller Rights

As the seller, you have the right to hire a real estate agent who can represent you throughout the sale process. They will help you as you set the sale price of your home and any relevant conditions of the sale. You also have the right to not accept an offer that may not be acceptable for one reason or another. You may also negotiate the price and terms of the sale to reach an agreement between you and the buyer.

Obligations of Each Party in a Real Estate Transaction

In the interest of fulfilling various legal requirements and ensuring that both buyer and seller are protected, each party has legal obligations that they must meet. These obligations are set by California law and require both buyer and seller to each address their responsibilities in the process. They are also required to do so in a timely manner. The obligations for which each party is responsible are outlined below.

Seller Obligations

One of your biggest obligations as a seller is to provide a Real Estate Transfer Disclosure Statement about the property. This document, and any other disclosures that may be required, provide information about any known defects or other issues with the property in question. You can be held liable if you knowingly fail to disclose issues with the property. All disclosures are generally provided to the buyer before the sale is executed. You are likely to have other obligations as well, so it is important to talk to your real estate agent or ask a lawyer about how to proceed with the selling process.

Buyer Obligations

In order to purchase a home or other property, buyers must ensure they have all their documentation compiled and have arranged their financing options so the transaction can take place. Additionally, because the buyer has the right to conduct inspections, have an appraisal, and review disclosures, they are obligated to fulfill these steps in a timely manner. While the length of this due diligence period can vary depending on negotiations, the default time frame is 17 days from the time the contract goes into effect.

Land Use in Regards to Real Estate Law

In addition to real estate transactions, land use is another important facet of real estate law in California. This is critical to outlining how land and properties are to be utilized, developed, and governed. Some aspects may even be strictly regulated and require specific procedures to complete an action. There are a few key aspects of land use matters that arise more frequently than others, and are best handled with the oversight of an attorney.

Rezoning

Land usage and development are categorized and organized according to their zones. Each zone denotes how the land is to be used and what restrictions may apply. For example, land can be zoned as residential, commercial, industrial, agricultural, and more. However, there may be times when there is a desire to use the land in a way other than what the existing zoning allows for. In this case, a property owner can apply to undergo the rezoning process, which may include an application, hearings, and other procedures. While zoning decisions are made by city or county officials, a real estate lawyer can help you navigate the rezoning process and ensure you have the right documentation in place.

Easements

Easements can be a complicated legal matter and can become a point of contention between property owners. An easement on real property allows one party to access their property by using part of another party’s property for one reason or another. A driveway is a common example of an easement. While an easement can benefit one party, it could limit the other party’s land use. When creating an easement or resolving an easement issue, it is best to have a legal professional handle the matter to ensure a fair, agreeable, and favorable outcome is reached.

Eminent Domain

In situations where eminent domain applies, the government assumes control of private property to use for public use or another justifiable reason. They must also fairly compensate the property owner for the land they take, and the compensation price is typically determined by fair market value. In these circumstances, it is in your best interest to hire a seasoned attorney who can protect your property, rights and interests. They can also help you negotiate fair compensation for your property, and ensure that the government follows the proper procedures when trying to acquire your property or land.

Navigating Hanford, CA Real Estate Disputes that can Result in a Lawsuit

Dispute resolution is another key area of real estate and property law. Real estate disputes can occur for a number of reasons and involve many different parties. Disputes over property, land, and transactions have the potential to escalate quickly, and it most generally boils down to issues pertaining to ownership. Some of the most common types of conflicts that require legal assistance are:

  • Title disputes
  • Disputes about ownership
  • Property boundary disputes
  • Breach of contract
  • Disputes over easement
  • Transactions
  • Disputes between landlords and tenants
  • Commercial leases
  • Foreclosures
  • Construction issues
  • Zoning disputes
  • Land use
  • Fraudulent real estate activity

Each of these situations has its own legal nuances and can be complex. An experienced and knowledgeable lawyer is needed to navigate these matters and requirements. When you are dealing with one of these situations, a lawyer can thoroughly investigate the matter and develop a strategy that will help resolve the issue in your favor as they advocate for you.

Methods for Resolving Real Estate Disputes and Lawsuits in Hanford, CA

When disputes arise over real estate transactions or property conflicts, Real estate attorneys can guide you through the process to resolve the matter as quickly as possible. First and foremost, they will protect your rights and fight for you to ensure you are treated fairly. They will also assess the situation and provide counsel regarding the best way to proceed with your case.

Litigation is not always required to reach a resolution. Your lawyer will typically try an alternative dispute resolution method first to save you time and expense. If negotiations are not sufficient to come to an agreement, then your attorney may suggest mediation or arbitration instead. The difference between mediation and arbitration is their approach to conflict resolution, but they are united in their goal to privately and swiftly resolve your case out of court. In some cases, these options must be exhausted before you can even proceed with litigation. Below is a closer look at each method for resolving real estate disputes.

Mediation

According to the California Association of Realtors Real Estate Mediation Center for Consumers, mediation provides the opportunity to resolve your real estate dispute in a more informal and private environment. Led by a trained mediator who acts as a neutral third party, mediation allows both parties to communicate their issues in a way that allows their concerns to be heard, and find and create a customized solution both parties can agree upon.

Arbitration

In the event that negotiation and mediation do not yield satisfactory results, the next step is arbitration. This process is more structured than mediation and looks a lot more like litigation. If your dispute is arbitrated, you will need a lawyer to represent you and present your case before a neutral third party selected by you and the opposition. This individual will hear both sides of the case and issue a binding decision. These decisions generally may not be appealed.

Statute of Limitations for Real Estate Matters

If a real estate-related issue arises that entitles you to sue another party, it is important to be aware that time limits apply that can bar you from filing a lawsuit if you wait too long. How long you have to file depends on the type of situation you are facing. Most generally, the deadlines to sue are as follows:

  • Oral contracts: 2 years
  • Damage to property: 3 years
  • Written contracts: 4 years
  • Known problems in real property or construction: 4 years
  • Unknown problems in real property or construction: 10 years

It is important to contact a lawyer as soon as possible when you think you might need to file a lawsuit against another party. One of the first actions they will take after hearing your case will be to verify the applicable statute of limitations to ensure it has not expired. Once this has been done, a lawyer can advise you on your options in relation to the limitation period.

Beware of Real Estate Fraud

It is important to always be alert and on the lookout for bad actors who try to engage in fraudulent real estate activities. Given the sensitive nature of information that is often involved in real estate transactions and activities, extra caution is essential. To avoid real estate scams, it is important to be aware of some of the most common ones so you can avoid them and remain safe. These fraudulent activities can include:

  • Fake listings
  • Wire or escrow fraud
  • Foreclosure scams
  • Deed fraud
  • Rental fraud
  • Investor scams
  • Inspection scams
  • Moving fraud
  • Contractor scams
  • Predatory lending practices

If you suspect an individual or entity of any of these activities, report them immediately. If you have been the unfortunate victim of real estate fraud, hire a real estate lawyer to represent you and help resolve the matter to recover what you have lost. They can also discuss your options with you and advise on how to move forward.

Real Estate Lawyers Provide You With Comprehensive Service

Real estate lawyers in Hanford, CA can skillfully guide you through your real estate transactions or disputes. They will ensure that all purchases or sales are handled carefully and accurately to minimize the risk of legal repercussions or disagreements. There are many issues that can arise in real estate, and your real estate lawyer will help make it go as smoothly as possible.

However, they will also be there for you when everything does not go smoothly and conflicts need to be resolved. They not only can advise and settle the matter, but they can also ensure the dispute does not escalate any further. Your lawyer will take the time to gain a thorough understanding of the matter you are facing and find creative solutions that are tailored to your needs.

Regardless of your situation, your lawyer will help draft the necessary paperwork and ensure that it is accurate and filed correctly. They will handle the logistical aspects to ensure transactions and other proceedings are in alignment with California law. Before moving forward with any type of real estate transaction or land use change, be sure to have your lawyer review the terms, conditions, and/or offer details before taking action. They can also negotiate on your behalf as needed.

Contact Griswold LaSalle Cobb Dowd & Gin LLP for Your Real Estate Needs Today

Griswold LaSalle Cobb Dowd & Gin LLP provides valuable guidance throughout the real estate process. We help ensure conflicts do not arise during the process, but help resolve them if they do. Buying or selling real estate is a big step and we work diligently to streamline the process. Contact us online or call our office at 559-608-4958 today to schedule an initial consultation and learn more about our services and your options.