BERYS LAW | Business, Real Estate, Wills/Trusts

A real estate closing is the final step in the property transaction process, where ownership officially transfers from the seller to the buyer. This stage involves various legal, financial, and administrative tasks that require careful attention to detail. An attorney plays a crucial role in ensuring that the closing process is legally sound and that the interests of their client—whether buyer or seller—are well protected.

Reviewing and Preparing Legal Documents

One of the primary responsibilities of a real estate attorney is to review and prepare the legal documents involved in the closing process. These documents may include the purchase agreement, deed, mortgage documents, title insurance policies, and closing disclosures. An attorney ensures that all terms and conditions are clearly defined and legally enforceable, reducing the risk of future disputes.

Conducting Title Search and Resolving Issues

A critical aspect of real estate transactions is verifying the title to ensure tha...

When purchasing a home within a community governed by a homeowners' association (HOA), reviewing the HOA documents is a critical step. These documents outline the rules, regulations, and financial health of the community. However, many homebuyers make mistakes during this review process, leading to unexpected challenges after closing the deal. Understanding these common pitfalls can help buyers make more informed decisions.

1. Failing to Read the Documents Thoroughly

One of the most common mistakes is not reading the HOA documents in their entirety. These documents include covenants, conditions, and restrictions (CC&Rs), bylaws, and rules and regulations, which dictate what homeowners can and cannot do. For example, restrictions on exterior modifications, parking rules, or pet policies may affect your lifestyle. Skipping over these details can lead to conflicts with the HOA or dissatisfaction with the community rules.

Read more: Common Pitfalls in HOA Documents: What to Watch Out Fo...

Eviction is a complex process that landlords must approach carefully to ensure compliance with the law and maintain professionalism. Serving an eviction notice is a critical step in the process, and landlords must follow specific legal requirements while adopting best practices to protect their interests and the rights of tenants.

Legal Requirements

1. Understand Local Laws
   Landlord-tenant laws vary significantly by state, county, and city. Landlords must familiarize themselves with the regulations in their jurisdiction, including the types of eviction notices required, allowable grounds for eviction, and the timelines involved.
2. Valid Grounds for Eviction
   Legal grounds for eviction typically include nonpayment of rent, lease violations, illegal activities on the premises, or the expiration of a lease term without renewal. Landlords cannot evict tenants for discriminatory reasons or in retaliation for complaints about property conditions or other protected activities.
3. Proper Notice Typ...

Renting a property can be a challenging process, and unfortunately, scammers often exploit the housing market to target unsuspecting renters. Awareness of common rental scams and knowing how to avoid them can save you time, money, and stress. Here are the top five rental scams and tips to protect yourself.

1. Fake Listings

One of the most prevalent rental scams involves fake property listings. Scammers copy legitimate listings and post them on different platforms at significantly reduced prices to lure renters. When interested tenants contact them, they claim they are out of town and request payment upfront to "secure" the property.

How to Avoid:

• Verify the listing by cross-checking it on multiple rental platforms.
• Research the property address to confirm its existence and ownership.
• Never send money before seeing the property and meeting the landlord in person.

2. Phantom Rentals

In this scam, the advertised property doesn’t exist, or the scammer doesn’t have the authority...

 Effective July 1, 2025, Assembly Bill 2801 (AB 2801) will bring significant changes to California's rental laws, particularly in how security deposits are handled. Designed to increase transparency and fairness, the bill aims to address long-standing issues between landlords and tenants over deposit deductions. Here’s a detailed look at what AB 2801 entails and how it will impact both parties.

Key Changes Under AB 2801

Photographic Evidence Requirement

AB 2801 mandates that landlords provide photographic documentation when deducting costs from a tenant's security deposit. This evidence must clearly show the damage or cleaning required beyond normal wear and tear. Additionally, an itemized statement of the deductions must accompany the photos.

This new requirement benefits both parties by:

• Giving tenants visual proof of the reasons for deductions.

• Encouraging landlords to document their claims thoroughly, reducing potential disputes.

Reinforced Timeline for Deposi...

Home title theft is a growing concern in the digital age, where cybercriminals can use sophisticated tactics to forge documents and take ownership of your property. Also known as deed fraud, this crime involves stealing your home’s title and using it to obtain loans or sell the property without your consent. It’s a nightmare scenario for any homeowner, but the good news is that there are effective steps you can take to safeguard your most valuable asset.

Understanding Home Title Theft

Home title theft typically occurs when fraudsters gain access to your personal information, such as your name, address, and Social Security number. They forge documents to transfer the title of your property into their name, and then they may use the property to secure loans or sell it to unsuspecting buyers. Homeowners often remain unaware of the crime until they receive foreclosure notices or legal disputes arise.

While title theft can happen to anyone, individuals who own homes outright (without a m...

Screening rental applicants is an essential part of a landlord's job. It helps ensure the tenant is a good fit for the property and protects the landlord’s investment. However, California has strict laws that govern what landlords can and cannot ask during the application process. By adhering to these legal guidelines, landlords can avoid discrimination claims and create a fair screening process.

Legal Questions Landlords Can Ask

Financial Stability and Income Verification

Landlords are allowed to inquire about an applicant’s financial stability to ensure they can afford the rent. Common questions include:

• What is your monthly income?
• Can you provide recent pay stubs, tax returns, or bank statements?
• Do you have other sources of income, such as government assistance or pensions?

California law prohibits discrimination based on the source of income, so landlords cannot reject an applicant solely because they receive funds like Section 8 vouchers.

Employment Status

Landlords...

The holiday season can be financially challenging for many tenants, often leading to delays in rent payments. For landlords, this time of year brings unique challenges in addressing these delays without damaging tenant relationships or breaching any legal guidelines. Handling late rent payments during the holidays requires a balance of legal compliance, empathy, and effective communication. Here’s a guide on how to manage late rent payments legally and respectfully.

1. Understand the Legal Framework

Each state has different laws governing rent collection, late fees, and eviction processes. Familiarize yourself with the tenant-landlord laws in your state or jurisdiction. Key areas to focus on include:

• Notice Requirements: Most states mandate a specific period (e.g., three to 14 days) for issuing a notice of nonpayment before taking further action.
• Late Fees: Many states regulate the maximum allowable late fees, typically a percentage of the rent. Ensure that your late fee policies...

As temperatures drop and snow blankets the landscape, winter brings with it specific home maintenance challenges. Both landlords and tenants have unique legal obligations in maintaining rental properties during these colder months, which can impact safety, comfort, and property value. Understanding these obligations can help prevent disputes, unexpected expenses, and potential legal complications. Here’s a guide to some of the most common winter home maintenance responsibilities for landlords and tenants.

Landlord Responsibilities

Landlords are generally required to maintain a property in habitable condition, which includes ensuring safe and functional heating systems, maintaining weatherproofing, and handling essential repairs. Here are some specific winter obligations:

Heating System Maintenance: It’s the landlord’s responsibility to ensure that the heating system is working efficiently and safely. This often means conducting annual inspections and necessary repairs. If tenants ...

Homeowners’ Association (HOA) documents are essential for outlining the rules, regulations, and rights within a community. These documents often consist of the covenants, conditions, and restrictions (CC&Rs), bylaws, and policies that homeowners must follow. While HOA documents are designed to maintain order and protect property values, they can also contain pitfalls that can cause issues for homeowners.

Understanding these potential problems can help homeowners avoid conflicts, legal troubles, and unexpected financial burdens. Here’s what you need to watch out for in HOA documents.

1. Ambiguous or Vague Language

One of the most common issues with HOA documents is the presence of ambiguous or vague language. Clauses that are not clearly defined or are open to interpretation can lead to disputes between homeowners and the HOA board.

For example, terms like “reasonable” or “nuisance” may not be specifically explained, leaving them up to subjective judgment. When the language in the ...