Remember the inspection you paid for or the seller paid for before purchasing your current home? Do you recall the itemized, full disclosure forms and explanations provided by the previous owner?  Now that the heavy rains started and you have a very leaky roof and leaky windows, you are wondering why these defects were not disclosed at the time of the sale.  Who is responsible now?  Are there other problems with your home that were not disclosed and that you do not know about? Determine who owns the problem. In California, the seller is required to disclose all defects found in ..read more

A home inspection is your assurance that the house you are ready to buy is in sound condition. So please be advised: before you hire an inspector, make sure they are licensed as a contractor. There is reason for caution. In California, anyone can say they are a home inspector—no license or training is required. This is why the person you hire should be trained and licensed as a contractor to identify problems, large or small, wherever they might be found. Because if they miss something, it could cost you. What is a home inspector going to inspect? A licensed contractor who inspects the home wi ..read more

Anyone who pays monthly dues to a community Homeowners Association (HOA) will tell you, there is never a good time to be hit with a special assessment. You are already paying dues to cover specific services and the costs to maintain a well-kept communal environment. But when a major expenditure is anticipated that affects the well-being of the whole community, your HOA has the right to levy a special assessment. A word of warning: Refuse to pay and the bill just gets bigger with late fees and fines. Your HOA must obey California’s rules. Special assessments are written into HOA contracts to en ..read more

It’s not always a beautiful day in the neighborhood. If you have reason to suspect that someone living near you is involved in something criminal, pay attention. Criminal activity can impact your ability to enjoy – or sell your home. My Neighbors Might be Drug Dealers Any person involved in the unlawful manufacture, cultivation, possession, sale, provision, or fortification of a place for the use of cocaine, methamphetamine, or other controlled substances should be reported to law enforcement. If you suspect drug activity near your home, protect yourself.  Avoid personal confrontation. Po ..read more

It can happen to anyone: A property owner installs a fence, plants a hedge, builds a retaining wall, a walkway, driveway, or some other structure only to find they have unintentionally encroached on their neighbor’s adjoining property. It is also possible the property owner intentionally violated his or her neighbor’s boundaries just to get the job done. Either way, encroaching on someone’s property is similar to trespassing; it is entering another person’s property  without their express permission. If you are the neighbor who is being encroached, the matter needs to be settled. In a per ..read more

Full and complete disclosure in a real estate transaction is critical to the integrity of the sale of single-family homes. In the unfortunate event that a seller fails to disclose problematic information about a home being sold to an unsuspecting buyer, trouble ensues. When there is deception, California law has consequences. The buyer will need a real estate litigation lawyer. The Real Estate Transfer Disclosure Statement In California, real estate brokers and agents owe buyers something called a duty of care which holds the buyer to the same standards as the seller. For a buyer to claim dama ..read more

The time has come to sell your home–you have a million details to think about. But before any transaction can be finalized, take note: California law requires you to provide full disclosure of anything and everything in your house or on your property that is not in working order. This is serious business and it includes: Any physical defects in the fixtures, appliances, or features of the property; Structural or site hazards, noncompliance with building codes or permits, and any environmental hazards; Any issues of concern in the surrounding neighborhood; and Any factor that would prevent the ..read more

You’re ready to kick-start a long-awaited home improvement project–a kitchen, a bathroom, a home office. Maybe you have had storm damage or even worse, fire damage. Whether you are renovating, retrofitting or spending more than $500 to spruce things up, you’re going to need a contractor. You look at your budget, think about costs for materials and labor, then you start looking in earnest for places to save. What are your priorities? What can you live without? There are trade-offs to be sure. But buyer beware: do not cut corners by hiring an unlicensed contractor. There’s good reason for the la ..read more

California law allows homeowners to improve the odds they will be compensated when contractors make errors while building their home. The 2003 Right to Repair Act requires a homeowner to give the builder/developer/contractor notice before filing litigation.  It also provides guidelines concerning the builder’s “right to repair” the defects and provides time limits in which the builder must respond to a claim (14 days) and the time allowed for inspections (14 days) and the repair of the property (30 days). Yes, You Have the Right to Sue You have a path to compensation regarding constructio ..read more

Choosing the right contractor for home repairs can be challenging. Scheduling bids, checking references, and managing contracts are all part of the process. Before you sign, remember to do your research regarding your contractor’s license. A little information can save a lot of potential time and money. In California all contractors must have a license to perform any jobs worth more than $500. Contracts are overseen by the California Contractors State License Board. Homeowners generally work with Class B general contractors. Your home construction project might require you to hire a Class C sp ..read more