Frequently Asked California Real Estate Law Questions

Wednesday, January 7, 2015 | 11:39 pm

If you’re looking to buy a house, you’re in the midst of an exciting time in your life. No matter if it’s your first, second, or third home purchase, the excitement never seems to go away. However, as most people only purchase homes once or twice in their lives, many look at real estate law and immediately get lost. This leads to a slew of common people have about real estate laws in their area. Before we get to the common questions, it’s important that you understand that we practice within the legal boundaries of the great state of California. With that said, if you’re not in California, laws in your area may be different. Nonetheless, here are the most common questions regarding real estate that our community asks as well as the best answers we can give.

Question #1: If I sign a contract with a builder who doesn’t build my home in time, is there anything I can do to either get out of the contract or legally demand cost of living expenses be paid during the time being?

Answer - The simple fact is that all contracts are different. In most cases, the builder will have some sort of provision in the contract to protect both them and the buyer should the house not be completed in time. In cases like this, these provisions will prove to be crucial. Your best bet will be to bring a copy of your contract into our office or to your favorite California real estate attorney to discuss your options.

Question #2: Do California homeowners have the right to rescind after signing a listing agreement with a real estate agent?

Answer – The simple answer is “Yes”. However, the details of your agreement may cause a few loopholes to jump through. Here are the steps we would suggest taking if this matter were to arise…

Contact Your Listing Agent – First contact your agent to discuss your options. In most cases, agents are used to these types of calls and will be willing to assist you with your needs. So, this may be the only step you need to take. However, if that’s not the case, move on to step 2.
Contact Your Real Estate Broker – If the listing agent is willing to remove your homes listing, you can go above them by contacting the broker in charge of assisting in the sale of your home. The broker should be able to assist you. However, if that’s not the case, move on to the third and final step.

Contact An Attorney – If you’re in the Pasadena California area, give us a call to find out how attorney Albert E. Mead can assist you. If you’re not in the Pasadena area, we still strongly recommend speaking with an attorney in your area. Your attorney should be able to sort everything out for you.

Question #3: Can a buyer who has already signed a contract to purchase a piece of real property back out of the deal for “no reason” in the state of California?

Answer – Once a real estate contract is executed and signed by both parties, buyers cannot back out for “No reason”. However, if a buyer intends to back out of a deal, there’s generally a reason associated with that decision. Some of the most common and legally acceptable reasons for buyers to back out of a real estate deal in the state of California include undue influence, fraud, duress, and mistake. There are of course other reasons as well. To do so however, it is strongly suggested that you give us a call or get another real estate attorney to help you cut through all of the legal red tape.

Disclaimer – This post was not written by an attorney and is intended for educational purposes, not intended to provide legal advice. If you’re in need of legal advice, give us a call today at (626) 584-5885 to speak with an attorney!

About The Author

This post was written by Joshua Rodriguez. To get in contact with Joshua, follow him on Google+!

The Law Office of Albert E. Mead, Jr., 192 Ramona Place, Pasadena, (626) 584-5885 or visit

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