Some states require the assistance of an attorney for real estate transactions, but California is not one of them. However, even though it's not mandated by law, there are situations where hiring a real estate attorney can be highly beneficial. Let's explore three scenarios where you should consider seeking the services of an experienced real estate attorney.
1. You Are Renting Out Your Property
California's landlord-tenant laws can be quite perplexing, and they frequently undergo changes. For instance, as of January 1, 2020, California implemented a strict statewide rent control law (AB 1482 California Tenant Protection Act) for qualifying units, which may be subject to local rent control ordinances as well.
The laws regulate various aspects, including late fees, bounced checks, security deposits, termination of tenancy, and proper handling of tenants' abandoned belongings. Moreover, there are federal fair housing laws that prohibit discrimination. To navigate through this complex legal landscape and ensure that your rental agreement or lease complies with all regulations, it is wise to enlist the help of a real estate attorney. They will provide you with the necessary guidance to protect yourself from potential legal issues in the future.
2. You're a First-Time Home Buyer
Purchasing a home is a significant milestone, both financially and emotionally. While it is not mandatory to have an attorney when buying a home, it is highly recommended. The process of transferring the title and completing the purchase can be overwhelming, particularly for first-time buyers.
The seller's real estate agent typically acts in the best interest of the seller. However, California allows for dual agency, where the same agent represents both the buyer and the seller, as long as both parties agree. Although this may seem convenient, it can potentially lead to conflicts of interest and may not be advantageous for the buyer. Several states have even deemed dual agency illegal due to its potential drawbacks.
By hiring a real estate attorney, you can ensure that your best interests are protected throughout the home-buying process. They will guide you, negotiate on your behalf, and ensure that all necessary paperwork and legal formalities are diligently addressed, providing you with peace of mind when closing the deal.
3. You're Buying or Selling Commercial Property
Commercial property transactions often involve substantial amounts of money, making it a lucrative commission for the agents involved. While most real estate agents are reputable, there may be a few who prioritize a quick sale and their commission over meticulousness. To legally safeguard yourself in a commercial property transaction, it is advisable to hire a real estate attorney.
Regardless of the type of real estate transaction you are undertaking, having an experienced legal professional by your side can save you both time and money, ensuring that your interests are protected. If you find yourself in need of expert advice and assistance with any real estate matter, don't hesitate to reach out to the Law Offices of Blomberg, Benson & Garrett, Inc. Schedule an appointment today to receive the support you need.
Caption: Hiring a real estate attorney can provide you with guidance and protection throughout your real estate transactions.
