Best Real Estate Attorneys in Clovis

FAQs

• What is the non-emergency contact number for the local police station in Clovis, California?

  Dial (559) 324-2800 to reach the Clovis Police Department for non-emergencies.

• Where can I get a copy of police reports for incidents related to my case in Clovis, California?

  To obtain a copy of a police report for an incident in Clovis, you can visit the Records window at the Clovis Police Department, located at 1233 Fifth Street, Clovis, CA, 93612, or call (559) 324-2400. Identification is required, and there is a $7.00 fee per report. Reports may be available immediately or within ten days, as per Gov. Code 6254(f), and can be mailed or emailed to you if not immediately accessible.

• What happens to property tax when someone purchases and modifies a home in Clovis?

  In Clovis, acquiring and upgrading a home triggers a state-required reassessment of the property's value, resulting in a prorated Supplemental Assessment. This adjustment incurs an additional tax bill, issued separately from the yearly tax bill. The owner might qualify for a Homeowners Exemption if the property serves as their primary dwelling. However, they need to apply within 30 days of the Supplemental Assessment Notice issuance.

• What does this arrangement signify if a business leases a building in downtown Clovis owned by a local government agency?

  This scenario is an instance of Possessory Interest, a principle applying to the private use of a public, non-taxable property. In Clovis, businesses leasing government-owned buildings, individuals with homes on forest service lands, or those with grazing rights on state territory are all examples. Participants at Clovis fairgrounds or a rental car company at the local airport can also exemplify this. Possessory Interest signifies deriving personal benefit from public assets.

• If someone in Clovis wishes to add an extension to their commercial property, what regulations should they be aware of?

  According to the Clovis Municipal Code Chapter 9.24, new structures or extensions must conform to specific property development and use standards. These are designed to foster a consistent and appealing environment in alignment with existing and future developments. They apply to various zoning districts, including commercial areas. However, the individual zoning district's specific standards take precedence if conflicts arise, as decided by the Director.

• What are the standards that govern the open space around structures in Clovis?

  In Clovis, setback regulations are crucial in establishing standards for providing open areas around structures. These regulations ensure visibility, traffic safety, facility access, natural light, ventilation, and space for privacy and landscaping. The specific zoning district determines setback requirements and may include restrictions on extending structures beyond property lines or into access easements or street right-of-ways.

• What are the key legal requirements when selling a home in Clovis?

  When selling a residential property in Clovis, several key legal requirements must be followed. These include utilizing an escrow agent to oversee the transaction process, providing necessary disclosures about the property's condition and potential risks, paying transfer taxes based on the sale price, furnishing a transfer disclosure statement, and potentially undergoing municipal inspections and obtaining a certificate of occupancy. Complying with these requirements ensures a smooth and legally compliant home-selling process in Clovis.

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easements. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circumstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.