The first question any potential buyer is going to have about a piece of raw land is: can it be built on? Almost certainly, the county's zoning for the parcel will permit some form of development, and very often, that means a single-family residence - with, possibly, a detached guesthouse. Given that the zoning permits a house to be built on a parcel, does this mean it can be built on - is it buildable?

The County does not usually say if a given parcel is buildable or not. Rather, the county will approve a site plan. The plan will detail the access (including emergency vehicle access), water source, sanitation, house size and design - the list goes on. This site plan will need to be extensive, drafted by qualified, professional engineers and architects. Sound expensive? Don't worry - it is. Count on at least $10,000 in expenses for surveys, engineers, land use consultants, and other professional services.

In addition to a detailed site plan, the county will require that the property pass a number of tests. If there is to be a septic system, the parcel must pass a percolation test. Soil tests must be performed to see if the land of the proposed building site is stable enough. Geologic tests might be required on surrounding hillsides. If the property lies in or just outside an earthquake fault zone, the county will require an elaborate test of the proposed building envelope - costing upwards of $20,000. Most parcels, however, are not in an active fault zone - but plenty are, especially those in the $200,000 price range.

Assuming the property isn't in a fault zone, the standard battery of soil, percolation, and geologic reporting will likely cost around $10,000 per home site. There are many other types of tests and reports that could be required, for example, biotic (e.g. endangered salamanders) and archaeological. A good ballpark figure for site tests and reports, then, should be around $15,000.

As you can see, it is often times quite expensive and time consuming to determine if a parcel of raw land is, in fact, "buildable." However, all of this is very necessary, to avoid what could be a catastrophe down the road. Imagine that a percolation test were not required - a house was built, and then it had endless problems with a backed-up septic system, creating a health hazard for the occupants of the property. Or, worse, the septic system's effluent ran into an underground stream, which contaminated the groundwater for the drinking water wells in the neighborhood.

While it may seem onerous to have to go through all these various tests - which to many probably seem like so much senseless bureaucracy - in reality, there are very good reasons that the government requires the land and the building project to meet so many high standards. It's good for you!

By: Seb Frey
This article was written by Seb Frey, a Real Estate Broker and Realtor in Capitola, California (Santa Cruz County). Seb runs the county's most-complete Real Estate web site, SantaCruzHomeBroker.com. Seb is fluent in Spanish, and works with buyers from all walks of life, helping them to buy or sell Santa Cruz real estate.

Submitted by:
Rebecca Thornton
Law - USA

Most homes are sold ‘as is." In fact, the form Residential Purchase Agreement used by most brokers has a pre-printed ‘as is' clause stating that the property is sold ‘as is' without any warranty and in its present physical condition. In a recent purchase, I was asked by the seller to also sign a special lawyer-prepared document which reiterated (in a full page of legalese) that the property was being sold ‘as is.' My first instinct was to ask: What is wrong with this property and am I losing all of my rights by agreeing to buy it ‘as is?

There is no clear-cut answer but a quick explanation of the law should put your mind at ease when buying a property ‘as is.'

What is wrong with This Property?
As the Agreement notes, ‘as is' means that the Seller is not making any warranties about the condition of the property. Selling ‘as is' does not necessarily mean that anything is wrong with the property. The Buyer, however, should have a professional inspector look at the property and accompany the inspector as he examines the property. The inspector's trained eye will catch items that you may not notice.

Am I losing All of My Rights?
If it turns out that a problem arises with the property after the deal has been closed, what remedy does a Buyer have in an ‘as is' sale? The ‘as is' clause works in concert with other laws, most notably California Civil Code §1102. This section requires that the Seller provide the Buyer with a detailed Real Estate Transfer Disclosure Statement.

The Disclosure Statement addresses almost every conceivable defect with the property-from the presence of contaminants to lawsuits against the property. In general, the Seller is under a duty to disclose any and all facts materially affecting the value or desirability of the property which are known only to him and which he knows are not known to, or reasonably discoverable by, the Buyer. Even loud or obnoxious neighbors must be disclosed.

If the problem has been disclosed by the Seller, the Buyer has no cause to complain at a later date. He could have walked away from the deal or renegotiated. However, if the Seller knew about the problem but did not disclose it, the Buyer may have a claim against the Seller.

In a recent case, our client purchased a multi-million dollar home only to find that the winter rains brought extensive leaking. The professional inspection had noted that the roof should be maintained yearly and would have to be replaced in three years. However, it had not uncovered any leaking, and the Seller made no mention of roof leaks in the Disclosure Statement. However, the gardener and housekeeper, both of whom had worked for the Seller, remembered numerous roof leaks while the Seller lived in the house.

The Seller argued that (1) the house was being sold ‘as is' and (2) the inspection put the Buyer on notice that the roof was in bad shape, thereby absolving her of any liability. In any event, she also claimed to have repaired the leaks and thought that they had been fixed.

While the inspector may have noted the limited life of the roof, the Seller was still required to disclose the leaking. The leaks were a material fact affecting the value (and habitability) of the home. In this case, neither the Buyer nor the inspector could have discovered the leaks in a visual inspection of the property. (Interestingly, because of liability issues, professional inspectors often will not allow the Buyer to follow them up to the roof, at least not on the inspector's ladder!) The Seller settled with the Buyer, and the roof was replaced.

So, rest assured, although you may be buying the house ‘as is,' the Seller is not excused from disclosing material problems in the Disclosure Statement. And in the event the Seller fails to make these required disclosures, the Buyer has a legal remedy, despite the ‘as is' provisions of the Agreement.

By: Laine T. Wagenseller
Laine T. Wagenseller is the founder of Wagenseller Law Firm, a full service real estate litigation firm in downtown Los Angeles. The firm represents real estate developers, owners, and investors. For more information visit http://www.wagensellerlaw.com or contact Mr. Wagenseller at (213) 996-8338.

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When you buy a condominium, what are you actually getting? In a typical condominium arrangements, each "tenant" owns his/her individual unit outright and owns the common areas as a "tenant in common" together with the other tenants. Since you have ownership rather than mere leasehold rights, you can sell your unit and build up equity in it.

A tenant in common is a fractional owner of the common property, meaning, for example, that if the property is sold he is entitled to a certain percentage of the proceeds. A tenant in common can also generally sell his interest in the property without the permission of the other tenants in common (some restrictions may apply). Finally, a tenancy in common is undivided - all tenants in common have an equal right to possess the entire property. This means that if I am a tenant in common with a 1% fractional interest in the lobby, I cannot tape off an area equal to 1% of the total area of the lobby and claim it as my exclusive property, and neither can anyone else. But if the building is sold, I am entitled to 1% of the net proceeds of the sale of the lobby.

What do you own outright when you buy a condominium? Usually, all you own outright is whatever is inside the four walls. You do not own the plumbing (except as a tenant in common).

Furthermore, in many condominium arrangements, the common areas are owned not by the unit owners as tenants in common, but by a homeowners' association to which the condominium owners belong. This association is usually a corporation in which the unit owners are shareholder (giving the homeowners' association an independent legal identity), and the unit areas lease the right to use the common areas.

If the condominium has a parking area, condominium owners might have what is known as an easement, which is a type of property right allowing certain uses such as walking and driving through it, and parking your car there. In an easement, someone else owns the property and you just have the right to use it.

DISCLAIMER: The foregoing is intended for reference only and not as legal advice.

By: Bob Miles
Real Estate Law in Plain English explains real estate law without the legalese.

Featured as a California Law resource, by California Personal Injury Attorney, a California personal injury attorney / accident lawyer directory, listing hundreds of links to California personal injury attorney / accident lawyer websites and over 1,500 non website courtesy listings.

The information contained in the above post is not intended as a source of legal advice. You should not act upon or rely on information in this or any other post without the advice of competent legal counsel.

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Roommates can be both a blessing and a nightmare. On one hand, they can offer companionship and financial offloading, but on the other, they can be a social and financial nightmare. However, don't fear, there are procedures you can follow to help abate the scenario where you have a bad roommate.

Depending on the type of living arrangement you have with your roommate, you can either pronounce your situation as either painfully hopeless or just plain painful. Either way, resolving the situation, in most cases, is not going to be easy. There are essentially two cases, namely, the one where your roommate is not on your lease. For example, you are the sole signer on the lease and you effectively have a sublease agreement with your roommate. The other case is a bit more to your disadvantage, and that is the case where both of your names are on the lease.

Starting with the case where you are the sole signer, you are now effectively playing the role of landlord. Note that in many states, a written contract may not even be necessary. Their simple presence in the property grants them an implied tenancy. You must legally determine how to terminate your lease with your roommate under your state's current laws. For example, in California, you may terminate the lease if your roommate has neglected to pay rent, violated any provision of the lease, damaged any part of the rental property, used the property for illegal activities, or substantially interfered with other tenants. Take note that a provision of the lease could be anything from agreeing to not smoke in the apartment to not throwing parties. The limit on the type of provisions is pretty much limitless, and depends on what the two undersigning parties have agreed upon. Assuming that there is a legal reason for you to terminate the lease, you can now proceed with the eviction process.

The first step, of the potentially lengthy process, is to serve an eviction notice, which is also known as a three-day notice. This must be served in accordance under local law. Again, as an example, California requires that the landlord follow very specific procedures. As a landlord, you must mind the fact that landlord-tenant law for the most part will favor the tenant. Therefore, the courts will be extremely critical as to the procedures you follow during the eviction process, making it important that all served documents and agreements be recorded. In the case where the tenant corrects the violation and it is a violation that can be corrected, for example, by paying the late rent, then they are supposed to be given the option of continuing the tenancy and hopefully your problems are solved and you'll live together happily ever after.

However, if the violation is not correctable, or is not corrected after the three day notice, the landlord may file with the superior court an unlawful detainer lawsuit.

This is where it may become quite drawn out, simply because going through legal proceedings can take time. Assuming that the court's decision is in the landlord's favor, then the court will issue a writ of possession, which orders local authorities to remove the tenant's possession. This procedure can not be taken until after a designated number of days after the issuance of the writ of possession, as to give the tenant enough time to move out. Note during this entire process from start to finish, the landlord may not move the tenant or tenant's belongings via self-means. For example, often times, landlords may be tempted to change the lock to the property. This in fact is illegal and will most definitely lead to monetary penalties against the landlord.

Given the fact that legal proceedings can be long and costly, it is to the advantage of both the landlord and the tenant to try to work matters out. In the end, it will save both parties time, hassle, and money.

Now pertaining to the case where both names are on the original lease; you now have your hands full. Because both your names are on the lease, the both of you are now responsible and liable. For example, if you decided to punish your roommate by moving out and leaving him/her with the unpaid rent, and the landlord was forced to serve an eviction notice because the rent was not paid in full, then both of your names will be on the eviction notice. The best option is to try to work out an agreement to rewrite or resign a new lease, removing one of the parties. Otherwise, you should march down to your local Fair Housing Agency and see what you can do under your particular circumstance.

The key point to take home from this article is the fact that you always want one person on the lease. The unfortunate event of having a bad roommate is a reality of life, but you can lesson the pain and hassle when it comes to getting rid of you roommate if you effectively hold the title of landlord between.

By: Professor P
Professor P is an editor at http://www.roomapes.com, a site where you can post, search, and rate roommates.

Featured as a Law Resource, by California Personal Injury Attorneys, a California personal injury attorney / accident lawyer directory, listing hundreds of links to California personal injury attorney / accident lawyer websites and over 1,000 non website courtesy listings.

The information contained in the above post is not intended as a source of legal advice. You should not act upon or rely on information in this or any other post without the advice of competent legal counsel.

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