Where do all these Questions and Answers (QandAs) come from?
Over the years I have chronicled many Frequently Asked Questions (FAQs) put to me relative to residential real estate buying and selling in California's San Bernardino and Riverside Counties.
An advertised home with a small
bedroom window facing a distant hill is supposed to be "a home with a view."
That's a view?
One that affords a sight of nightlights, white caps, a trickle of water or
underwear on neighbors' fences could be a view in some people's eyes.
What's a verbal offer?
A handshake does not do it where money and real estate are concerned. It
must be in writing (especially from your relatives).
What does "Buyer's Market" mean?
Lots of properties for sale.
What does "Seller's Market" mean?
Buyers are falling all over themselves to make offers on property, sometimes
for more than the asking price to obtain an acceptance.
Is this a buyer's market?
Yes and No actually.
There is mold on a wall in our
apartment/house. Is this dangerous?
Yes, very. Airborne mold spores can produce health effects including
nflammation and infection. Get to the root of the problem. Do not simply "wash" the mold away. Read more on my website.
What is an abstract of judgment?
If you were sued and lost, the winner filed the form with the Recorder's Office. It remains on your credit report and accrues interest until it is paid.
How long is the judgment good for?
Ten years. Oops, it can be renewed = possibly, forever.
What's a grant deed?
A legal form signed by the grantor (owner) which conveys (gives) to the grantee
(new owner) that which is described (the legal description) therein. Record it if you intend to obtain title insurance.
Can my landlord charge me rent after
I move into my new home; I told them I was leaving tomorrow 45 days ago?
The law clearly states your 30-day legal notice of a month-to-month tenancy be
in writing. Get out your checkbook and swallow hard.
What If I just ignore his pleadings?
He will sue you in small claims court and win. His judgment will be a recorded
lien against you and must be paid, including much interest, at the time you sell your new house.
What does "full disclosure" mean?
All parties to the listing and selling of a piece of real property must share
(disclose) to the buyer that which is pertinent and perhaps not pertinent, i.e. known,
but not obvious defects, a planned factory across the street, a homicide, etc.
What is a dual agency?
There are two distinct parties in the sale of real property who are represented
by their agents. An agent or broker who represents both the buyer and the seller is a "dual agent" because he wears two hats, so to speak.
When is a building permit required?
Any construction that physically changes or adds buildings to property or for
work regulated by city codes.
If I tear down a shed, patio, carport
included?
Yes.
When I want to add air-conditioning
or a new furnace?
Yes.
How can I find out if a guy is a
licensed contractor?
Google the Contractors CA State License Board.
Should I renew my Home Warranty
policy for another year?
Usually, yes. It really depends upon the age of the house and the policy-covered
equipment.
Does a Home Warranty policy cover
structural damage?
Generally, no.
Is it available?
Anything is insurable, for a price, but you'd have to shop for it.
My friend showed little income from his
business. He bought a house a couple of years ago. How did he qualify?
A loan based on "stated income." Got the cash? Established credit? You got a
loan. That WAS the case. No more "stated income loans."
What is probate?
The process of distributing the assets of a deceased person following that set
out in a trust, or will.
What's "dying intestate?"
Simply put, leaving this world without a will.
I am not on the deed to our house.
Can I inherit it if my husband dies?
Not totally. Get thee to an attorney.
How long should an escrow take?
Too long. Actually, 30 - 45 days. Sometimes longer today because lenders and
escrows are overwhelmed with business.
I called about a house the other day
and was told it sold weeks ago; but it is still being advertised. Why?
That's a very good question. Got any of your own ideas?
Should the listing agent have told me
that the former owner died in my "new" house?
Old age, probably not. Shot dead, yes.
Who pays for a Home Inspection?
The buyer - BUT you can request the seller to pay for it.
Why not the seller?
To whose advantage is the contractor crawling around the house, you or the seller?
How much is it and is it worth it?
$225 up; depending on size, etc. Cheap at twice the price.
What is a Warranty Deed?
Simply: CA uses grant deeds to convey or transfer property; some other states use warranty
deeds.
"Time is of the Essence," "Contingency"
and "Condition Precedent." Similar?
Yes. A condition or performance which must occur within a certain time frame.
What is a Cloud on Title?
Some confusion exists as to who actually owns a piece of property. Ya' gotta
remove it if you're gonna sell.
Quieting Title?
The act of removing the Cloud on title.
What's an "addendum?"
Additions, extras, changes, subtractions, etc. which become part of original
agreement.
What's an Unlawful Detainer?
A legal action brought by a landlord to regain possession from those who "forget"
to pay rent.
Why, when and to whom are documentary
stamps paid?
No stamps are issued any longer but it is a fee paid to the county when you
transfer property to another.
What is a counter offer to an offer
to purchase?
Seller's acceptance of a buyer's offer with the stated exceptions of price or
any other terms therein.
Breach of Covenant - what's that?
You make a promise (a covenant) and you break (breach) it. That's a legal
no-no.
Why are Conditional or Nonconforming
Use Permits necessary?
When a new use is proposed for real property which is not in compliance with
current zoning laws.
What is a "Bene" (bennie)?
A statement from the beneficiary of a Note showing the balance of the loan
and the total amount to pay off the note.
Should I upgrade the baths and kitchen
before selling?
If professionally done, certainly.
What does negotiability of a promissory
note mean?
It means it can be sold if it meets certain criteria.
What is a closing statement?
A document prepared by escrow containing a complete accounting of all funds,
credits and debts involved in the escrow process - a HUD-1.yes, why
A "Prelim" or "Preliminary Title
Report;" what's that?
A report issued by a title company soon after escrow opens showing current
ownership information.
Do all lenders require flood
insurance in a FEMA flood zone?
It has been my experience that they do not.
What is a "carry-back mortgage?"
The home seller helps finance the buyer's purchase by agreeing to hold a trust
deed on the property; either a first or a second.
Is it a good investment for a seller
to carry a second trust deed on a sold property?
It could be good tax-wise and good income on investment.
Are interest rates as low as you've
seen.
Yes.
Why is that good?
Low interest = more house for the money paid/month.
Can I buy a house for less
than $100K in the Victor Valley area?
Yes.
Are you a member of Victor Valley
Board of Realtors?
Yep.
Can you help me buy one?
Sure can.
Escrow spelled my name wrong and
made a couple of other boo-boos on all the instructions. What gives?
Sign them correctly. Escrow will issue an amendment to set the record straight -
which all parties will sign also.
What turns off buyers the most?
No curb appeal. Neighbors display no "pride of ownership." Mrs. Clean has left town. Backyard is primarily a doghouse. Animals rule the house. Kitchen appliances dirty/non-operative.
Pre-approval. Pre-qualified.
Is there a difference - simply put?
Approved means an underwriter has considered all necessary documents.
Qualified means the loan officer has accumulated all the necessary documentation and is quite sure of underwriter's approval.
I find streets on my map.
When I get there, the address is not there. What gives?
Some communities have streets that run for a couple of blocks. Other,
older, cities set up their plans to accommodate a street to end and start again
several blocks away. First, ascertain on the map just what addresses are included in that stretch of surrounding streets. Better yet, use MapQuest or GPS. But even they are not perfect.
What does an appraisal report
include?
The legal description of the property, the purpose of the report, the type
of appraisal process and the valuation value.
What's this funny
"escheat?"
The assets of a person without legal heirs or a will escheat or revert
to the state upon his death.
My brother's property was
taken too cheaply by the state under the Condemnation Law to build a freeway.
Any recourse?
He can dispute the price offered. Good luck, however.
What is Net Operating Income
(NOI)?
Actual earnings, after deducting all expenses, including interest and
depreciation from gross sales/income.
A friend is his wife's brother's
administrator. Why?
In the absence of an executor, he was appointed by the court to oversee
the estate because she left no will.
Our escrow was supposed to close
two weeks ago. Will the escrow be cancelled?
Have you and the seller performed? Has the loan been submitted for approval? Is all repair work done on the house? Who wants to cancel? Both parties must agree to and sign cancellation papers.
What's a balloon payment?
The final payment (generally much more than the preceding payments)
which will pay the note in full.
Bequeath and bequest. The same?
Nope. One is a verb; the other a noun. You hand down (bequeath) personal property.
That personal property given in the terms of a will is the bequest.
I want to buy a house with a
nonconforming use. Should I?
It is okay to violate zoning regulations when they began prior to zoning
stipulations. There might be restrictions on future uses - especially if the
property legally changes hands or suffers structural damage.
I just bought a house; should I
file a homestead and what are the current limits for a homestead in California?
It is not a necessary item as a general rule. $75K if debtor has another family
member residing in the property; and $125K if a spouse resides in the property and is over 65, mentally or physically disabled.
Is that all?
The formula is a bit involved. If you are probably on the losing end of a
forthcoming lawsuit, ask your attorney.
As far as a real estate contract
is concerned, should we accept mediation over litigation if there is a future dispute?
Mediation spells talking it through; litigation sounds like money to me.
What should I do with the stuff
a tenant left behind; I recently acquired the name of "landlord?"
1) Certified mail to all known addresses. 2) Auction it if worth over $300. 3) No worth, charity. 4) Storage.
I pay my utilities in my rent.
How do I get info on what they might be when I buy?
Call So CA Gas Co. and So CA Edison and the water company serving the
property.