The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Call: (951) 221-4744

  • Our Firm
  • Attorney Profile
  • Practice Areas
    • Real Estate Law
    • Construction Law Attorney
    • Foreclosures
    • Business Law
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Contract Disputes
    • Insurance
    • Loan Modifications
    • Personal Injury & Wrongful Death
  • Case Handling
  • Clients
  • Blog
  • Contact

What Are the Key Legal Requirements When Selling a Home in California?

April 3, 2023 by Mark Mellor

When you’re selling your home, (a residential property of one to four (1-4) units), in California, it feels like the requirements to sell your home start to add up. There are a lot of legal steps to keep in mind, so it’s important to do your due diligence and make sure you’re complying with all state regulations when selling your home. Here are some of the key legal requirements for selling a home in California:

Using an Escrow Agent

To protect yourself in the transaction, you’ll need to use an escrow agent. An escrow agent is responsible for making sure the entire sale process goes off without a hitch, including collecting all payments and ensuring that all paperwork is properly recorded in the County where your property is located and with the state.

Disclosures

California real estate law (Civil Code §1102, et seq.), requires sellers to disclose any potential defects or issues with the property that could affect its value. This includes things like lead paint, flood damage, or other safety issues. You’ll also need to provide potential buyers with the Seller Property Questionnaire (SPQ), a form detailing all of the material facts about the property.

Your last disclosure will be about whether anyone died on the property within the last three years. You’ll need to answer honestly, as your buyer may use that information in their decision-making process.

Sharing the Area’s Risk of Natural Disasters

The potential for an earthquake, fire, or flood may deter a homebuyer from purchasing your house. You must disclose these risks to buyers, so they can make an informed decision about their purchase. There are services that for a small fee provide your buyer with all of the necessary disclosures required by law for things like proximity to airports, location in a flood and/or fire zone, etc.

Pay Transfer Taxes

In California, home sellers pay a fee called a “transfer tax.” This is based on the sale price of the property and is typically divided between the buyer and seller. It’s important to factor this cost into your selling budget.

Transfer Disclosure Statement

Transfer disclosure statements are required by California real estate law. It’s a comprehensive document that outlines the condition of the property, any necessary repairs, and other important information. You’ll need to provide this to your buyer before closing on the sale.

Municipal Inspections

Depending on the city or county you’re selling in, you may need to get municipal inspections and obtain a certificate of occupancy. This is important for the buyer to ensure that all necessary permits and inspections were completed before the sale.

Simplify the Home Selling Process With Mellor Law Firm

When selling your home, you want to make sure everything is done right the first time so your timeline isn’t pushed back. You might need the funds from the sale of the house to purchase a new one or maybe your moving deadline is very tight.

If you want to make sure everything happens according to plan, our experienced team at Mellor Law Firm can help. Our lawyers can guide you through the entire home selling process and make sure everything is compliant with California real estate laws so you can close quickly and without any difficulties.

Contact us today for all of your real estate questions.

Filed Under: Real Estate Education Tagged With: real estate, real estate law, riverside attorney

Call Us: 951-222-2100

Consultations available in-office or over
the phone. Speak to one of our leading attorneys in California today.

Recent News

How a Business Attorney Can Help You Sell Your Business in California

May 31, 2023 By Mark Mellor

The opportunity to sell your business can either be exciting or stressful—or both all at once! You want to make sure you get the best deal possible so you can move on to bigger and better things. That’s why it’s important to have business lawyers on your side who know the ins and … Read More...

Dealing With A Contract Breach? These Are The First Steps You Need To Take

April 24, 2023 By Mark Mellor

Whether you have knowingly or accidentally breached a contract, it is important to take immediate action. Failing to do so could result in serious legal consequences and expensive fines.  As contract dispute attorneys, we've compiled the first steps you need to take when you … Read More...

What Are The Recent Construction Laws And Changes: How Do They Impact You As A Contractor

April 19, 2023 By Mark Mellor

Effective 2022 and 2023, several new regulations have been passed in California for the construction industry, including increased safety measures, environmental protection rules, and permit fines. Learn how these construction laws affect your company and how to avoid any fines … Read More...

Follow Mellor Law Firm

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Our Areas of Practice

  • Real Estate
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Foreclosures
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Navigate

  • Home
  • Our Firm
  • Mark Mellor
  • Practice Areas
  • Case Handling
  • Clients
  • Resources
  • Contact
  • Blog
  • Privacy Policy

Practice Areas

  • Real Estate
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Foreclosures
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Recent Posts

  • How a Business Attorney Can Help You Sell Your Business in California
  • Dealing With A Contract Breach? These Are The First Steps You Need To Take
  • What Are The Recent Construction Laws And Changes: How Do They Impact You As A Contractor
  • Understanding and Avoiding Mortgage Fraud: Here’s Everything You Need to Know

Follow Us

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Contact our offices

The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

The Mellor Law Firm, APLC © 2023. All Rights Reserved.