Real estate laws all California sellers must know

On Behalf of | Sep 7, 2023 | Business Law |

California’s real estate market is somewhat confusing, with various laws and regulations that must be followed. Failure to meet the requirements and standards can result in issues for sellers. 

Learning more about the state’s real estate laws can help you take the right steps and ensure a smooth and seamless selling process. 

Disclosure requirements

When selling real estate, it is necessary to follow all disclosure requirements. A crucial element of this is the Transfer Disclosure StatementThis outlines what sellers must disclose about the property to potential buyers. Items included in this Statement include:

  • Pest infestations
  • Neighborhood nuisances
  • Alterations made without permits

This is not a comprehensive list but an example of what must be disclosed. Following these instructions can help protect sellers from possible legal problems. 

Title encumbrances

Sellers must also uphold title protections when selling real estate. This means that buyers must receive a preliminary title report. The document includes any easements or liens on the property. Buyers are entitled to receive a clear title free of disputes to ensure a smooth transaction. If title disputes are found, sellers must handle these before moving forward with the transaction. 

Home inspection laws

Buyers have the right to conduct private inspections of real estate they are considering purchasing. The California Civil Code allows buyers to perform these inspections, and sellers should prepare the home for this. Doing so can even help to increase market value in some situations. 

Understanding California real estate laws is necessary for any seller. Having a clear understanding of these rules and regulations can minimize potential issues. This also helps to ensure a problem-free real estate transaction for both the buyer and the seller. 

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