Legal Question in Real Estate Law in California

Removed from property

After putting a deposit down on a new house, I have been told that I cannot return on the property during construction hours, do they have that right?


Asked on 5/08/02, 4:10 pm

3 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Removed from property

Yes, because you are not the owner of the property yet. However, your purchase contract should give you some kinds of inspection rights, so check it and find out when you can go on the property and what kind of notice you may have to give beforehand.

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Answered on 5/08/02, 8:38 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Removed from property

Well, as I remember law school theory about this sort of thing, signing a purchase agreement for real estate, with or without deposit, makes you the equitable owner but not the legal owner. Also relying on memory (finding nothing in the Civil Code), an equitable owner is not entitled to possession as against the legal owner. On this reasoning I would conclude you probably don't have an unlimited right to access the property you're buying until close of escrow and delivery of a deed to you. You may, as an express or implied term of the purchase contract, have a limited right of access for certain due diligence purposes. If the site is unsafe because construction is under way, it seems to me that the seller and/or builder may reasonably exclude you, but many other factors could also bear on how a court would decide this.

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Answered on 5/08/02, 5:17 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Removed from property

I am guessing that it is more of an insurance liability issue. Somewhat like when you take your car to the shop, they have big signs saying that you are not allowed in the shop area.

I would guess that they are within their rights.

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Answered on 5/08/02, 6:12 pm


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