Gilroy Real Estate Lawyers

Gilroy Real Estate Lawyers, CA

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Real Estate Law in California

Real estate law in Gilroy governs almost everything involved in the sale and use of land.

The law governing real estate in Gilroy can get pretty complicated, especially when things such as mortgages, disputes about construction defects, and conflicts over title are involved.

So, if you're planning on engaging in any kind of real estate transaction, it's important that you learn at least the basics of real estate law in Gilroy.

Having at least some knowledge of real estate law will be to your advantage in virtually any real estate transaction. Knowing the law can give you a bargaining advantage and prevent you from being saddled with obligations that you don't have to assume.

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Common Real Estate Law Issues in Gilroy

Financing: Most individuals, families, and small businesses in Gilroy cannot afford to buy a large piece of real estate with the money they have on hand. However, they often can afford to pay for it over a long period of time, in installments, with interest. Therefore, most real estate is purchased using a mortgage - a loan for a specific purchase, using the item purchased as collateral.

Zoning: Zoning regulations determine what types of structures are allowed on various parcels, based on their location in a municipality. For example, some areas in a city might be zoned only for residential use. Another area might allow industrial use. These rules are meant to keep property values up, and promote harmony among neighbors by preventing conflicts.

Duty to Disclose: If you're buying a house in Gilroy, you have certain legal protections. The seller has a duty to tell the buyer about any defects that the property has. All defects which the seller knows about, and which the buyer can't be expected to discover through an ordinary inspection, must be disclosed. If the seller fails to disclose a defect, and the buyer later discovers it, the seller can be sued for any diminution in the property's value caused by the defect, the cost of repairing it, and any injuries the buyers suffers as a result.

Implied Warranty: All residential lease agreements in Gilroy carry with them an implicit promise by the landlord that the property is fit for human habitation. This warranty does not need to be explicitly stated in order to have effect, and neither the tenant nor landlord can waive it. Any agreement claiming to waive this warranty is void. To be considered habitable, a building must not be so dirty as to pose a health hazard, it must have running water, it must have electricity, and it must provide adequate protection from the weather. There are many other requirements, but if a building or unit lacks any one of those, it will be considered uninhabitable.

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Can a Gilroy Real Estate Lawyer Help?

These issues, along with many others, can sometimes be fairly complicated. Therefore, you should never hesitate to consult with a Gilroy real estate attorney if you have any questions.

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