Best Real Estate Lawyers in Santa Ana

FAQs

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

  The non-emergency contact number for the Santa Ana Police Department is (714) 245-8049.

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

  You can get copies of police reports for incidents related to your case by submitting a public records request online on the Santa Ana Police Department's website.

• Can a landlord refuse to take in a potential tenant because of their medical conditions in Santa Ana?

  A Santa Ana landlord is prohibited by local and state laws from turning away potential tenants because of their medical conditions as this is considered unlawful discrimination. Landlords also cannot refuse potential tenants on the grounds of ethnicity, sexual orientation, source of income, and marital status. Unlawful discrimination includes various actions, from refusing to negotiate rent or sale prices with potential tenants to providing inferior accommodations to legally protected individuals.

• In Santa Ana, are landlords allowed to evict tenants for trying to get their rented property repaired?

  According to applicable laws, Santa Ana landlords that evict tenants or otherwise discriminate against them for exercising a legal right are performing illegal retaliatory actions. A tenant can mount a legal defense against these retaliatory actions following the procedures and requirements outlined in the California Civil Code or the Fair Employment and Housing Act.

• Can your co-owner lease out the property the two of you share to a third party in Santa Ana?

  Yes, your co-owner can lease out the property you two share because applicable laws in Santa Ana provide that the two of you share the same right of possession over the property and that either co-owner can lease out or license that right to a third party. You may not evict the third-party tenant unless there have been legal steps taken to terminate the lease or licensing agreement.

• What are some rights property buyers have in Santa Ana?

  State laws provide that homebuyers in and around Santa Ana can cancel real estate agreements if the seller or agent fails to provide them with a real estate disclosure notice identifying defects in the home, such as lead-based paints and faulty appliances. If sellers willingly conceal a known defect, buyers have the right to sue them for fraudulent misrepresentation.

• Can you buy or sell a house in Santa Ana without conducting a title review?

  While it is not required, it is generally highly advised that you conduct a title review on property in and around Santa Ana before buying or selling it. Title reviews identify possible issues that need to be resolved first before the final real estate transaction can take place, such as existing liens on the property incurred by the previous owner or pre-existing legal conditions that restrict the owner's right over the property.

• 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.