California
Legal Information
Real estate transactions are governed by a wide body of
federal statutes and state statutory and common law. The
requirements established by state law often differ significantly
from one state to the next. The Federal Fair Housing Act
prohibits discrimination in real estate transactions on
account of race, color, religion, sex, or national origin.
The agreement to sell between a buyer and seller of real
estate is governed by the general principles of contract
law.
It is commonly required in real estate contracts that
the title to the property sold be marketable. This requires
that the seller have proof of title to all the property
he or she is selling and that third parties not have undisclosed
interests in the title.
A
title insurance company or an attorney is often employed
by the buyer to investigate whether the title is, indeed,
marketable. Title insurance companies also insure the
buyer against losses caused by the title being invalid.
In
order to pass title, a deed with a proper description
of the land must be executed and delivered. Some states
require that the deed be officially recorded to establish
ownership of the property and/or provide notice of its
transfer to subsequent purchasers.
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California Real Estate Law as offered by the California
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NOLO
Law Center offers self help legal forms and real
estate legal information on for real estate sales, financing,
insurance, mortages, deeds, escrow, and home loans.
Cornell
University offers a very comprehensive overview
of real estate law with links to key primary and secondary
sources.
Free
real estate law information
for individuals and small businesses written by lawyers
but in easy to understand legal terms.
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