Trusted Answers For Your Real Estate Transaction Questions

The process of buying or selling property is difficult and you may have hundreds of thousands of dollars involved in your transaction. At TFLG, A Law Corporation, we get many questions about how to avoid legal liabilities in a real estate transaction and how to avoid legal problems. Our Sacramento law firm created this California Real Estate Transactions FAQ to answer a few of our commonly asked questions. To get a comprehensive answer to your questions call us at 800-792-6610.

If I hire a broker for my real estate transaction, why do I need a lawyer?

Brokers cannot offer legal advice and they may not know the actual legal requirements for your transaction. Attorneys are held to a higher legal standard, and we make sure that brokers do not double-deal and that they follow all laws. Our attorneys oversee the entire transaction process for our clients and protect their interests if there is a legal dispute.

What is an easement and how does it affect my rights to purchased property?

An easement is an encumbrance on real property that affects a property owner's rights where the easement lies. Many easements "run with the land," which means that they exist in perpetuity and the transfer or sale of the property does not destroy the easement. Speaking with an attorney is the best option to determine your rights and remove an easement.

How long will it take to sell my real property?

The length of a property sale depends on a few factors and the method of payment.

Here are a few of the common minimum sale dates in California:

  • All cash offer: 15-day escrow
  • Traditional finance: 30 days
  • Federal Housing Administration (FHA) loan: 30 to 60 days

Every real estate transaction is unique and many factors can affect the length of a sale. Our lawyers can review your transaction and give you a more accurate timeline in a free consultation.

What are the tax consequences of selling real estate?

The tax consequences of a real estate sale vary, but the main factor is if the real property is an investment or a primary residence. Investment property taxes are dependent on the kind of property, length of ownership, if the sale will count as income and a few other factors. Primary residences generally have a much lower tax rate but that is also dependent on many factors, including the length of ownership, the sale price and deductibles and the timing of the sale. We can review your transaction and recommend the most profitable way to sell your property.

Do I need a real estate agent to sell my property?

Real estate agents or brokers are not required for property sales. With a lawyer's guidance, homeowners can sell their real estate as "For Sale By Owner." At TFLG, our attorneys are also experienced brokers and realtors who can give you the benefits provided by a real estate agent.

There is a cloud on my title, what should I do?

Contacting an attorney is the first step in clearing your real estate's title. Our litigation practice uses quiet title actions, negotiations and lawsuits to fix property title problems.

How can I as a buyer protect myself from a dishonest property seller?

Having an attorney review all transaction documents can prevent disclosure issues and contract issues. Our attorneys can run a preliminary title report, review Trustee Sale Guarantees (TSG) and check all other documents to ensure credibility.

Do I need title insurance for a real estate purchase?

Our law firm recommends that you buy title insurance. Purchasing title insurance from a trusted third party can make you aware of liens, easements and other problems with the title and insure you from claims.

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Our attorneys can give you a more comprehensive answer to your questions in a free consultation. Call us at 800-792-6610 or fill out the contact form to get help.