Best Real Estate Lawyers in Marin County, CA

FAQs

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

  For non-emergency dispatch, dial (415) 485-3000 to reach the San Rafael Police Department.

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

  To get a copy of a police report, go to the San Rafael Police Headquarters located at 1375 Fifth Ave., San Rafael, CA 94901. You can also make an online report request here https://www.srpd.org/programs/records-request/index.php.

• Can a Marin County real estate attorney help you when a co-owner refuses to sell a shared property?

  Yes. Your real estate attorney in Marin County can file a partition action on your behalf under the California Code of Civil Procedure Section 872.710. Generally, the court will order the sale of the property and give the co-owners an opportunity to buy out each stake. If this does not address the issue, the property will be listed for sale, the revenues of which will be split equally between you and the other co-owners.

• Can tenants in Marin County be evicted if the property they are renting is getting foreclosed?

  It depends on whether the tenant is on a short- or long-term lease. If the renter is on a monthly lease, the new owner of the foreclosed property may decide to either evict the tenant or request that they sign a new lease. If the new owner chooses to evict the renter in Marin County, a 90-day notice is required. On the other hand, if the tenant’s current lease is not short-term, it should be honored by the new owner.

• Can someone really claim your Marin County property just by using it for a long-time?

  Yes. Potentially, under the California Code of Civil Procedure Sections 323 and 325, an individual may claim adverse possession of a Marin County property by proving that:

  • They have been possessing the property for over five years
  • They have paid taxes on the property for over five years
  • They possess the property under the color of title
  • They have been occupying the property openly such that the owner should have noticed
  • Their possession of the property is hostile to the owner

• What can you do if you discover a flaw in the Marin County home you just purchased?

  Check if your property purchase includes a warranty policy that can cover your losses related to defects. Real estate agencies in Marin County usually offer this to home buyers. Legal action against the fraudulent misrepresentation may also be an option if the property seller has covered up the defect. Consult a real estate attorney to see if your situation constitutes a lawsuit.

• Can your co-owner get a new mortgage on your shared property in Marin County without informing you?

  Unfortunately, yes. Without the consent of the other owners, the co-owner may obtain a mortgage on the portion of the real estate asset that belongs to them. This is known as a junior mortgage. However, issues arise if the co-owner misses mortgage payments, wherein they can move to have the whole property foreclosed. Getting counsel from a real estate lawyer in Marin County can help you understand the pros and cons of co-ownership before entering one.

• 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.