Best Real Estate Attorneys in Huntington Beach

FAQs

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

  Call (714) 960-8825 to report non-emergencies to the local police station in Huntington Beach.

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

  Get a copy of police reports for incidents related to real estate in Huntington Beach at the headquarters located at 2000 Main Street. You may request online via https://huntingtonbeachca.mycusthelp.com/webapp/_rs/(S(a2cbvvaaxryvsljngqxxdgzk))/supporthome.aspx. Call (714) 960-8811 for further assistance.

• How can a lawyer help when buying real estate in Huntington Beach?

  If buying real estate in Huntington Beach, a lawyer can help determine the risks and possible issues of the property. They can assist clients in creating and examining contracts and titles, as well as oversee transactions to prevent any conflicts that may arise during the purchase process. Additionally, attorneys may represent individuals during negotiations for repairs, loan amounts, and down payments.

• What are the limitations on landlords in Huntington Beach regarding rent increases?

  Under the Tenant Protection Act, landlords in Huntington Beach are not allowed to raise the rent by more than 10% per year. This is inclusive of the maximum annual increase of 5%, along with the inflation rate specified by the Consumer Price Index. Additionally, landlords must notify the tenant about the inflation 30 days before the implementation.

• What should be done if the landlord in Huntington Beach doesn't want to repair the property?

  If a landlord in Huntington Beach doesn't want to repair the property, tenants should promptly report the issue to the police station or health department, especially if it is causing harm. They should keep proof like texts, letters, photos, or videos. Under the Civil Code 1942.4(a)(3), if the landlord doesn't fix the problem within 35 days of being told, tenants can hold back rent. The landlord might also have to pay the tenant up to $1,000 for demanding rent payment.

• Can tenants sue landlords for illegal eviction in Huntington Beach?

  Yes, tenants can sue landlords for illegal eviction in Huntington Beach under certain circumstances. If the landlord evicts the tenant based on their age, nationality, gender, disability, health, or religion, it is considered illegal. Additionally, tenants can take legal action if the landlord attempts to remove them simply for requesting necessary services or if the landlord threatens them with eviction.

• Where can low-income earners in Huntington Beach seek housing assistance?

  Low-income earners in Huntington Beach can seek housing assistance from the Orange County Housing Authority. The agency offers government subsidies to help with housing costs. Alternatively, individuals may go directly to the Department of Housing and Urban Development. It supports those at risk of losing their homes due to bankruptcy-related difficulties.

• 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.