Real Estate Law

What Does A Real Estate Attorney Do?

A real estate attorney is a legal professional who specializes in real estate law. They provide legal assistance to individuals, companies, and organizations involved in real estate transactions. Their main responsibilities include:

1. Drafting and reviewing contracts: A real estate attorney is responsible for drafting and reviewing contracts between buyers, sellers, and lenders. They ensure that the contract is legally binding and protects the interests of their clients.
2. Closing transactions: They assist in closing real estate transactions and ensure that all parties involved are aware of their obligations and rights.
3. Title Review: A real estate attorney reviews the title of a property to make sure that there are no outstanding liens, encumbrances, or other legal issues that could affect the ownership of the property.
4. Litigation: In case of disputes or lawsuits, a real estate attorney represents their clients in court and helps them resolve their issues.
5. Taxation: They advise clients on the tax implications of real estate transactions and help them plan their real estate investments to minimize tax liability.

Overall, a real estate attorney provides comprehensive legal services to clients involved in real estate transactions, helping them make informed decisions and protecting their interests.

Trivino Perez & Associates, with nearly 20 years of Real Estate Litigation experience, has a record second to none. He has extensive experience in complex litigation involving real estate transactions and property disputes.
We have represented homeowners, businesses, landlords and tenants, and claimants in a wide range of areas:

Eviction:

Landlords typically want to evict tenants who:

• refuse to leave the property after the expiration of a lease;
• refuse to pay rent even after receiving a three-day notice to pay or quit;
• refuse to comply with a lease or rental agreement provision even after receiving a notice to perform or quit;
• cause a nuisance to neighbors;
• commits waste to the property (i.e., causes damage);
• maintains a nuisance;
• engage in illegal activities on the property; and remain in possession of the property after agreeing to leave.
  (Code of Civ. Pro. § 1161.)

Tenants often are the victims of Landlord Tenancy Law abuse:

• Unhabitable apartments and houses rented;
• Landlord has refused to repair a material issue;
• Landlord is harassing a Tenant;
• Landlord has retaliated after a Tenant has complained;
• The premises are unsafe and Landlord refuses to do anything about it;
• Defective three-day notice to pay or quit;
• Tenant in building is engaged in illegal activities on the property; and The apartment or dwelling is an unpermitted garage conversion.
  (Code of Civ. Pro. § 1942.)

Non-Disclosure Fraud:

Non-disclosure, false representation, and concealment are all forms of fraud that frequently arise in the context of real estate disputes. A defrauded party may sue for damages or rescission of the purchase agreement. (Wilke v. Coinway, Inc. (1967) 257 Cal. App. 2d 126, 136.)

The elements are:

• There was an intentional misrepresentation;
• You justifiably relied on the misrepresentation; and
• The misrepresentation caused damage.
• (Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal. 4th 951, 974.)

Neighbor Disputes:

When disputes arise between neighbors such as:

• Build an unnecessarily high fence adjacent to your property;
• Neighbor negligently or intentionally allows his/her trees to drop branches or leaves onto your property;
• Neighbor trespasses onto your property (either directly or indirectly);
• A Neighbor is creating a nuisance such as loud music, smell, vibration, etc.;
• A neighbor is engaging in illegal activities.

Presence of Mold or Friable Asbestos:

• A structure contains mold or friable asbestos;
• insurance company has denied abatement coverage;
• Caused by a faulty roof or plumbing work;
• The conditions were known to a prior owner of the property.

Bad Faith Insurance:

If your insurance company denies you coverage without, conducting a proper investigation, you can hold your insurance company liable for “bad
faith insurance practice” or otherwise referred to as, breaching an implied covenant.

Partition Actions:

When multiple individuals own a property together, and one seeks to sell or take his/her share, but the remaining co-owners are unwilling to do so, the legal option available to the owner(s) is to file an action for partition of the property. This is a process to have the court order the sale of the property, after which the proceeds shall be divided among all of the parties.

Why Should You Choose Trivino Perez & Associates for Real Estate Law Cases in Los Angeles?

Trivino Perez & Associates is also known for providing personalized and responsive service to each of their clients. They understand that real estate legal issues can be stressful and overwhelming, and they are committed to making the process as seamless as possible. Their legal team will work closely with you to understand your unique situation and develop a strategy that addresses your specific needs.

Another reason why you should choose Trivino Perez & Associates is their track record of success. Over the years, they have successfully represented a wide range of clients in real estate law cases, including property disputes, contract negotiations, and zoning issues. Their lawyers are skilled negotiators and litigators, and they have a proven track record of securing favorable outcomes for their clients.

Finally, Trivino Perez & Associates is dedicated to providing affordable legal services to their clients. They understand that many individuals and businesses may be facing financial constraints, and they are committed to providing high-quality legal representation at a fair price. They offer flexible payment options and will work with you to develop a payment plan that fits within your budget.

In conclusion, if you are facing a real estate law case in Los Angeles, you should choose Trivino Perez & Associates. Their team of experienced lawyers, personalized service, proven track record of success, and affordable pricing make them the best choice for anyone seeking legal representation in real estate law cases. Contact Trivino Perez & Associates today to schedule a consultation and take the first step toward resolving your real estate legal issue.

Real Estate Law – Frequently Asked Questions

1. What is the statute of limitations for suing a real estate agent in California? The statute of limitations for suing a real estate agent in California is two years from the date of the act or omission giving rise to the claim.
2. What is the process for buying a foreclosed property in Los Angeles? The process for buying a foreclosed property in Los Angeles involves searching for properties that are in pre-foreclosure or auction, making an offer, and closing the transaction. You may also need to hire an attorney to help navigate the legal requirements and procedures.
3. What is a conditional use permit and how does it affect real estate development in Los Angeles? A conditional use permit is a permit that allows a specific use of land that would otherwise be prohibited. In Los Angeles, conditional use permits are often required for real estate developments that have specific uses, such as commercial, industrial, or multi-family residential.
4. What is the Homestead Exemption in California and how does it impact real estate property taxes? The Homestead Exemption in California is a legal exemption that protects a primary residence from seizure by creditors. It also reduces property taxes by allowing the homeowner to exclude a portion of their home’s value from the assessment.
5. What is the process for obtaining a building permit in Los Angeles? The process for obtaining a building permit in Los Angeles involves submitting plans and drawings for the proposed project, obtaining any necessary approvals from the city, and paying the required fees. An experienced real estate attorney can help guide you through the process and ensure that all requirements are met.
6. What is the California Civil Code and how does it impact real estate transactions in Los Angeles? The California Civil Code is the state’s comprehensive set of laws governing civil transactions and actions. It affects real estate transactions in Los Angeles by establishing the rights and obligations of buyers and sellers, as well as the procedures for buying and selling real estate.
7. What is the process for evicting a tenant in Los Angeles? The process for evicting a tenant in Los Angeles involves serving the tenant with a written notice to vacate, filing a court case, and obtaining a court order if the tenant does not voluntarily move out. An experienced real estate attorney can help you navigate the process and ensure that your rights are protected.
8. What is a construction lien and how does it impact real estate development in Los Angeles? A construction lien is a legal claim that contractors and subcontractors can file against a property if they have not been paid for work they have done. In Los Angeles, construction liens can impact real estate development by delaying or blocking the sale or transfer of a property until the outstanding debts are paid.
9. What is the process for transferring ownership of a property in Los Angeles? The process for transferring ownership of a property in Los Angeles involves executing a deed, recording the transfer with the county, and paying any required transfer taxes. An experienced real estate attorney can help you navigate the process and ensure that all requirements are met.
10. What is the process for filing a quiet title action in Los Angeles? The process for filing a quiet title action in Los Angeles involves filing a lawsuit to resolve any disputes or challenges to the ownership of a property. This can include disputes over title, boundaries, or the validity of liens or encumbrances. An experienced real estate attorney can help you navigate the process and ensure that your rights are protected.