Buying A House In California – A Legal Perspective
Everyone knows that buying a home is unaffordable for most Californians, and that the cost of housing has been one of the biggest challenges facing our state. However, if you are thinking about buying a house in California, there might be some good news coming your way. With the current market conditions, buying a house might now be a much more affordable proposition than what it was few years ago.
This blog post focuses on the steps to buy a house as an investor in California from a legal perspective. It discusses various laws regarding real property ownership in general and then focuses specifically on laws applicable to purchasing real estate as an investor or resident in the state of California.
What is the first step to buy a house in California?
The first step in buying a house in California is to find the right property. Your real estate agent plays a vital role in helping here to find suitable properties in the right location like he even guides you about best property investment in Pakistan etc. However, there are many real estate agents in the market but you should only go for the best real estate consultants. Then, you should conduct a title search to find out who owns the property and, if there are any recorded liens against the property, like a mortgage. A California title search is a report that shows who owns the property and whether there are any liens or other claims against the title.
A title search is critical to understanding the risk of the purchase. Two important aspects of a title search are the chain of title and encumbrances. The chain of title shows how the property has been transferred over the years. If there are any breaks in the chain of title, you should investigate further by obtaining an appraisal of the property. An encumbrance is a recorded claim against the property, such as a mortgage, lien, judgment, or unpaid taxes. You may also want to hire a lawyer to review the title report and other documents to ensure that there are no undisclosed problems.
Who can buy a home in California?
In California, you have to be careful about whom you buy the house from. You cannot buy from your immediate family member, or from a person or company that you do business with. You also cannot buy from a person who has been convicted of certain crimes. There are a few other situations in which you might not be able to purchase the property. These restrictions are designed to protect buyers from being taken advantage of. If you are buying a home in California, it is important to know these rules before you make an offer so that you can proceed with caution if necessary.
Title to the Property and Seller’s Disclosure
The seller must make complete and accurate disclosure of relevant information regarding the property being sold. It is advisable to get a written seller’s disclosure that lists any problems that the seller is aware of. If you discover problems after you purchase the house, it is too late. You can cancel the purchase if the seller fails to make the disclosure. The title to the property must be clear. Before you buy a house in California, you should have it examined for title defects. This is done by a title company or a lawyer. You also need to have the title examined if you are refinancing a mortgage loan on the house.
Escrow and Mortgage Loan Requirements
Before you buy a house in California, you should make sure that the seller has pre-paid the current year’s property taxes in an escrow account. This is to protect the buyer from paying an unexpectedly higher property tax bill due to a reassessment or an increase in the tax rate. In addition, the seller should be required to pay an amount sufficient to cover at least one year’s worth of property taxes. This is known as an impound account. The seller’s lender also may require the buyer to have a mortgage loan commitment from another lender before the purchase contract is signed. This protects the lender from being repaid if the buyer does not get a mortgage loan.
Buying from a seller in California — Contract Rule
If you are buying a house in California from a seller, you must be careful about one rule: the contract rule. Under this rule, a contract for the sale of real property is valid even if the contract is made before the property is legally transferred to the buyer. This means that a seller can legally do a contract for the sale of the property before you actually own the property. You can avoid this situation by making sure you have an escrow account established before you sign the contract of sale.
There is one exception to the contract rule: if the contract is made before the property is legally transferred to the buyer and the contract is a “contract to sell” instead of a “contract for sale,” then the contract is void and unenforceable. In other words, the seller cannot legally sell the property to you before it is yours. You can avoid this situation by having the contract for sale be contingent on your obtaining a financing commitment.
Conclusion
If you are thinking about buying a house in California, you should start planning early. Real estate markets are cyclical and buying at the right time can save you a lot of money. Before you start looking for a home, you should know your budget, which neighborhoods you want to live in, and how much you are willing to spend on a house. You should also know what types of loans are available to you. If you are a first-time home buyer, you should talk to a real estate agent who can guide you through the buying process.
