Isabella's Jewel BoxSlipping into the PoolOn the Grass, Barefoot._MG_3114_MG_3118Nick Segal at UCLA

real estate degree?

On June 5, 2009 / By Real Estate Law Help / In California-Real-Estate-Law / No Comments

okay, so there is a "rumor" going around for what i know for california that starting next year 2007 they are requiring a 4 year degree to obtain a real estate license..how true is this? i’ve taken my test twice this year and i’m planning to take it before the year ends..i dont like rushing into things but if this law takes into effect next year, then i guess i should jump on the ball..can anyone verify this for me please?

Real Estate: 1031 Exchange?

On June 5, 2009 / By Real Estate Law Help / In California-Real-Estate-Law / No Comments

I have a real estate question related to a 1031 exchange that I am in the process of completing. Can the exchanged property be located in a different state?

I own property in california and wish take advantage of this law.

Also, can I apply the exchange for 4 units and upgrade to 20?

Will it still apply if it is not like property?

Thanks,

NJ

What’s the best course for college grads in California who want a mortgage in the next 10 years?

On June 2, 2009 / By Real Estate Law Help / In California-Real-Estate-Law / 2 Comments

All careers and salaries considered, are there any particular options for Californian 21-25ers who want to become homeowners within the next ten years? Houses seem impossibly priced for even, or especially our parents twenty+ years ago to purchase at this time. Aside from becoming rich fast by becoming a business/stock/real estate tycoon/winning the lottery, is it really feasible for a person in our age range to purchase anything considered livable by California law currently or in the future?

In California, can a lawyer act as a real estate agent for a buyer and collect 2% commission from the sale?

On May 29, 2009 / By Real Estate Law Help / In California-Real-Estate-Law / No Comments

California Business and Professions Code 10131 and 10133 collectively state that a lawyer can assist in the sale of a home without having a real estate agents license. My sister uses an agent for buying homes and the seller usually pays the agent’s 2% commission. Can my sister use a lawyer as her agent (he does the same work as an agent would, doc review etc) and collect 2% commission from the seller. I appreciate answers based on CONCRETE INFO, such as laws, statutes, regulations etc. Responses from practicing attorneys are very welcome too!!!!

In California, who can collect the real estate agent’s commission?

On May 29, 2009 / By Real Estate Law Help / In California-Real-Estate-Law / 3 Comments

Here is the scenario: In California, Business/Professions Code 10131 and 10133 together state that a lawyer is authorized to perform the same acts as a broker (i.e. negotiate sale/purchase of home). Imagine that buyer usually uses an agent when buying a home, and that the seller usually pays the agent’s commission. However, buyer’s nephew is a lawyer, and because buyer knows that the lawyer can do everything the agent or broker is entitled to do, buyer knows she can use her nephew’s services. But buyer wants to know, if her nephew can collect the same commission from the seller that the seller would have paid anyways to the agent? In other words is it unlawful to have the seller pay what he would have paid anyways and receive the same (or better) services for the transaction when the only difference is the title of the person whose doing it?
I appreciate answers that are based on law or some type of reliable authority. Please quote or cite to me the source of your info or its basis.

Need Attorney: Rent To Own (Lease Option To Buy) - California?

On May 27, 2009 / By Real Estate Law Help / In California-Real-Estate-Law / 2 Comments

Hello,
We are doing a Lease Option To Buy on a Rental and looking for a Good California Real Estate Attorney to review and assist with the Contract. However, we need to confirm in our search what type of Law-Attorney this would be or is considered in California. Would this be a Real Estate Attorney? What type of Lawyer would we need to review a Rental for Lease Option to Buy???

Thanks in advance.

Real Estate Training in the USA could this be used in Ireland?

On May 23, 2009 / By Real Estate Law Help / In California-Real-Estate-Law / 2 Comments

I am currently training in Real Estate in the USA California , and was wondering if at some stage I decided to go back to Ireland could I use my training over there and possibly work in this field? The land laws were taken from UK Land laws and were amended slighly but it seems to be really similar laws and practises??? does anyone know the answer?????
House prices in Ireland have dropped just like the USA this is a perfect time to invest.

55 yrs+ & own house for 10 yrs don’t have to pay current property tax rate?

On May 22, 2009 / By Real Estate Law Help / In California-Real-Estate-Law / 4 Comments

Someone told me that if you’re 55 yrs or older and been living in your 1st home for over 10 yrs. If you buy the 2nd home, your property tax rate is based on the old home and not the new selling price. Is this true? if yes, where can i find the information? This is regarding California real estate law.
it is for primary residence. you sold your 1st home and buy the 2nd home.

When buying a foreclosure, can a real estate agent represent an investor in California?

On May 20, 2009 / By Real Estate Law Help / In California-Real-Estate-Law / 2 Comments

I’m in the foreclosure industry and a realtor just recently informed me that by law agents can not represent investors when buying foreclosures. Is this true?

And what do you think the ratio is between investors to regular home buyers when buying foreclosures?

Please advise

Real Estate Law regarding deposit?

On May 14, 2009 / By Real Estate Law Help / In California-Real-Estate-Law / 4 Comments

had an offer on my house. buyer put $10K deposit down. contingent on the "home inspection" the home inspector found over $80K worth of "repairs" to the secondary dwelling (an ‘86 single wide mobile home). Now the buyer is insisting I comply with the estimates he has to repair the house, or drop the price by about as much. the single wide really has no value. BUT, I had to evict my renter out of the main house - I had to give him plenty of time, so his notice was before all this started. Then the buyer was dragging his feet and not responding to my counter offers and such. So now it looks like the deal is dead, and my agent said I am NOT entitled to the deposit/earnest money because of the home inspection contingency. Yet I have been out of a renter for almost 2 months and had costs incurred with inspections that the buyer requested. Can I take him to small claims court? What is the max in California for small claims?
thanks