Legal Question in Real Estate Law in California

Hello. My parents are wanting to buy a new build done by a private builder. It is listed through a well known real estate agency. My parents have a buying agent , but we want to double check that the paperwork will be done correctly. Which forms are required in California for legal purchase of a new build home by the sellers to present to them? How is the process different from buying a home that has been bought/lived in before? My parents will be putting this house in their trust. Thanks!


Asked on 6/24/14, 12:20 pm

2 Answers from Attorneys

No difference in the documentation. The process is basically the same. From a purchase and sale standpoint there is no difference legally between buying a new home and buying one that has been occupied before. They just have to make sure they handle the sale through a proper escrow and obtain title insurance that will protect them from mechanic's liens (no, not the guy who fixes their car; for some reason the lien rights unpaid subcontractors, workers and material suppliers have against new construction are called "mechanics" liens). As long as they will be insured, any issues with such liens will be between the builder/seller and the title insurance company - not their problem. If they have an experienced licensed broker/agent representing them, that will all be taken care of.

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Answered on 6/24/14, 12:59 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, I agree with Mr. McCormick. I would add that there is a big difference between the documentation that is minimally required to buy a piece of real estate (new or used) and the amount of documentation that is usually generated nowadays in connection with a real estate purchase. A single sentence written on a paper napkin at the end of a dinner conversation in a restaurant has been held legally adequate to transfer title to real estate. On the other hand, the paperwork file in a typical modern-day California real estate transaction often can be in excess of five inches thick -- more when there are complications or the deal is big. However, your parents' buyers' agent should be (assuming [s]he's licensed and in good standing) well-equipped to make sure the documentation is complete and in order. Most documents used in routine real-estate transactions are pre-printed, fill-in-the-blanks forms. Deals that can be documented on the forms shouldn't require the use of a lawyer, but if any new documentation needs to be drafted "from scratch" (unlikely), then your parents should consult with (and retain) a real-estate lawyer.

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Answered on 6/24/14, 1:52 pm


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