Planning To Buy A Home In California?
Buying a home in California is one of the biggest and most important decisions of your life. To avoid complications, it is important to prepare in advance. You can rest assured that knowing your rights, paying attention to details, and getting professional help will help you do it right—especially when it comes to your home in California.
What Must The Seller Disclose?
Under California Civil Code §§ 1102.3 and 1102.6, the seller or agent is required to provide a Real Estate Transfer Disclosure Statement. This is a document that lists a number of known problems or potential defects in the property.
It includes:
It includes:
1. physical damage to the building
2. presence of mold, leaks or cracks
3. history of flooding or fire
4. legal restrictions
Important: If the seller withholds material information, it may be grounds for terminating the transaction or filing a lawsuit.
What The Seller Does Not Have To Explain
According to Pagano v. Krohn (1997). Krohn (1997), a seller has a duty to disclose facts, but not a duty to explain them. That is, if the report states that “the roof leaked in 2019,” the seller is not required to explain whether the problem has been fixed.
What you should do:
1. Find out the current condition of the property
2. ask for proof of repairs
3. clarify any technical nuances
Don’t rely on phrases like “everything’s fine there” – they won’t hold up in court.
Inspection: Don’t Skimp On The Technical Inspection.
Also, make sure it’s done by a licensed professional. What to include in the report:
1. roof and attic
2. electrical and plumbing
3. ventilation and heating
4. foundation and walls
5. presence of termites and other pests
6. pool, if any
It also doesn’t hurt to get a survey of the property. Especially if there are fences or neighbors’ buildings nearby. Sometimes even a few inches can cause a legal conflict.
What Do I Need To Know?
Some buyers get a mortgage but don’t always understand the terms. Here’s what you need to know:
1. Interest rate. A fixed rate stays the same for the life of the loan. An adjustable rate can increase. But it’s important to understand the risks, especially if you plan to live in the home for a long time.
2. Hidden fees. Banks often include in the contract:
1. Property insurance
2. Property taxes
3. Loan servicing
Read all the items carefully and check the total monthly payment.
3. Pre-Approval. Getting pre-approved by a bank is a plus. Sellers are quicker to work with buyers who already have approved financing.
Mistakes Newbies Make
1. Buying too fast. Many buyers fall in love with a house at first sight and don’t do a proper inspection. This should never happen.
2. Ignoring legal nuances. Phrases like “we’ll figure it out later” don’t work in the legal world. Signed – agreed.
3. Trusting oral promises. Get all agreements in writing. This is especially true when it comes to the time frame for vacating the house, the items included in the deal, and the condition of the property.
4. Refuse legal help. Many people think that an attorney is an unnecessary expense. In reality, it’s an investment in the security of the deal.
2. Ignoring legal nuances. Phrases like “we’ll figure it out later” don’t work in the legal world. Signed – agreed.
3. Trusting oral promises. Get all agreements in writing. This is especially true when it comes to the time frame for vacating the house, the items included in the deal, and the condition of the property.
4. Refuse legal help. Many people think that an attorney is an unnecessary expense. In reality, it’s an investment in the security of the deal.
How Do You Make The Deal Safe?
Contact a real estate attorney. He will:
1. explain your rights
2. check the purchase contract
3. clarify the risks
4. help in negotiations
5. protect you in case of unforeseen situations
If you are looking for qualified help – contact KAASS LAW.
Approach Buying With Awareness
Buying real estate is more than just choosing a home. It’s a complex legal transaction. Your financial future is at stake. So:
1. always review the documents
2. don’t ignore inspections
3. don’t agree to questionable terms
4. work with professionals
And remember: the law protects those who exercise reasonable care. KAASS LAW FIRM is your trusted partner in California real estate matters.
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