Best Real Estate Lawyers in Santa Rosa, CA

FAQs

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

  You can reach the Santa Rosa Police Department for non-emergency matters by dialing (707) 543-3559.

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

  The Santa Rosa Police Department provides two options for obtaining a copy of a police report. You can visit them personally at 965 Sonoma Ave, Santa Rosa, CA 9540 or call them at (707) 543-3550.

• How does a landlord evict a non-paying tenant in Santa Rosa?

  In Santa Rosa, terminating a tenancy usually requires a notice period of 30 or 60 days. However, for non-payment of rent, a three-day notice is sufficient. This notice must contain specific details, like the amount owed, and must be properly served to the tenant. If the rent remains unpaid after three days, the landlord can pursue an unlawful detainer lawsuit in Superior Court. Both parties can present evidence during the court hearing, leading to a court decision. It's crucial to follow the legal court process for lawful eviction. Illegal actions, such as changing locks or removing belongings, can result in liability for the landlord and potential fines.

• Which essential real estate documents should you retain in Santa Rosa?

  Important real estate documents in Santa Rosa to keep for future reference include:

  • Buyer's agent agreement: This contract establishes your representation by an agent, detailing commission payment, duration, and termination terms. Retaining a copy is necessary in case of conflicts with your agent later on.
  • Real estate purchase agreement: A binding contract between sellers and buyers, confirming terms like price and closing date. It is vital to follow the agreement's provisions to avoid potential legal consequences. Thus, retaining a copy of this document is essential.
  • Seller disclosures: These disclose issues like unpermitted renovations, pests, and lead-based paint. Retaining these disclosures is important as they provide grounds for legal action if significant problems arise post move-in.

• If you bought a house in Santa Rosa and subsequently discovered a defect in something within the property, are there any actions you can take?

  Typically, buyers are presented with warranty policies that provide coverage for specific losses. It's important to check if you received or bought a warranty policy when you purchased your home in Santa Rosa. You have the right to inspect a property before buying it, and the seller must disclose any defects. If the seller and inspection company were negligent in identifying and disclosing significant issues with the house, you may have a claim against them. If not, consulting a qualified real estate law attorney might be necessary.

• What should you do if you find yourself entangled in a boundary dispute with your neighbor in Santa Rosa?

  Boundary disputes and easements can impact the ownership of your land in Santa Rosa, and resolving such issues can vary in complexity. While some cases can be resolved with relative ease, others may require litigation to safeguard your property rights. It is crucial to take prompt action and consult with a knowledgeable attorney, as delays can lead to a substantial and permanent decrease in your property's value.

• What is an estoppel certificate in Santa Rosa?

  An estoppel certificate in Santa Rosa refers to a signed declaration by a tenant or landlord that verifies specific details related to a commercial property. This certificate is often requested by lenders or prospective buyers during the refinancing or sale of commercial properties. Tenants may also utilize estoppel certificates when seeking to transfer their lease interests, if permitted. The information contained in estoppel certificates holds significant importance for lenders and buyers, as it can impact the feasibility and potential liabilities associated with the building. Failure to provide accurate information through the certificate may potentially impede a sale or refinancing process.

• 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.