Real Estate Law

Your Partner in Navigating Real Estate Law in California

Learn everything you need to know about real estate law in California and make informed decisions on acquiring, financing, developing, managing, constructing, leasing, and selling commercial and residential real property in the state.

Brokers

A seller may employ a real estate broker to find a buyer for their property or a suitable one. Either way, the broker has duties and obligations to the person who hired them and is subject to rigorous state licensing standards. If an agreement to purchase the property is made, it is strictly between the seller and buyer—the broker is not a party to that agreement.

Contracts and Transfers

The general principles of contract law govern the agreement between a real estate buyer and seller. The Statute of Frauds requires real property contracts to be executed in writing. Additionally, the title must be marketable, which means it should be free and clear of all encumbrances, liens, clouds, litigation risks, and other title defects. To ensure it is marketable, the buyer can employ an real estate law attorney or a title insurance company to perform a title search. 

The searcher maps a chain of title by examining the recorded deeds concerning the property and determines 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, or easements.

To pass the title to the buyer, the seller must execute and deliver a deed with a proper description of the land. Many statutes require that the deed be officially recorded to establish ownership of the property and provide notice of its transfer to subsequent purchasers.

Mortgages

Most real estate transactions are financed through loans secured by mortgages on the property. A mortgage involves the transfer of an interest in land as security for an obligation and is typically repaid in installments that include both interest and principal payments.

If mortgage payments are not made on schedule, the lender can foreclose on the mortgage and demand that the entire mortgage debt be paid immediately. If the borrower cannot pay, the property interest may be sold. However, the actual foreclosure process depends on state law, the terms of the mortgage, and whether other liens exist on the property.

Many states allow late payments to avoid foreclosure, and many lenders work out payment plans with borrowers before resorting to foreclosure. Learn more by working with a real estate law attorney in California.

Real Estate

Numerous federal and state laws regulate acquiring, financing, developing, managing, constructing, leasing, and selling commercial and residential real property. Buying and selling real estate is generally more complicated than buying or selling other expensive goods, such as a car or boat. Multiple people can be interested in the same property, taxes are more complex, and possession is not necessarily indicative of ownership.

We can guide you through all aspects of your real estate transaction, including the following:

Preparing or Reviewing Agreements of Sale
Obtaining Title Insurance
Reviewing Mortgage Documents
Obtaining Real Estate Tax Information

Reviewing the Title and the Survey
Preparation of All Necessary Legal Documents (Deed, Mortgage, HUD1, and Transfer Tax Forms as Necessary)
Attending Settlement

We also represent clients in a variety of other real estate matters:

Residential and Commercial Lease Agreements
Landlord-Tenant Matters

Zoning
Lease-Purchase Agreements

Deed Transfers

Real Estate Litigation

Cost-Effective and Experienced Real Estate Attorney

We represent both individuals and businesses in matters involving real estate disputes. We bring experience in such diverse areas as:

Landlord/Tenant Disputes (Commercial)
Real Estate Partnership Disputes
Commercial Contract and Lease Disputes
Construction and Design Defect Issues

Land Use Matters
Real Estate Contract Disputes
Purchase and Sale Disputes
Real Estate Brokerage Issues

Purchase and Sale Disputes
Real Estate Brokerage Issues
Fraud and Negligent Misrepresentation
Insurance Disputes

Work with Us

We have a deep understanding of the business and litigation issues involved in disputes and work closely with clients to develop a plan of action to either avoid litigation through resolution or aggressively position the client for a favorable outcome. We are committed to solving problems and winning cases and focus on achieving our client’s business objectives in the most efficient way possible.

We do not have a multitude of junior partners and associates that need to be kept busy or run up fees on your case. Rest assured that Attorney Robert Conrad personally handles your case from beginning to end. If the assistance of others is needed because of the size or complexity of your case, we will have others assist us on a limited basis. Learn more about real estate law in California.