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Why Do I Need an Attorney To Purchase A Home
Most people's largest purchase in their lives is a real estate property. To safeguard your interests as a buyer or seller, it is critical to ensure that the conditions of your transaction are appropriately drafted. By taking the right steps forward into such a purchase, the results will be easier to overcome.
In some states, real estate closings need the presence or involvement of an attorney. Many people make the rational choice to hire a lawyer to assist them. A lawyer's purpose is to guide the sale or purchase of the property efficiently. Spending money on a real estate attorney is generally worthwhile. It is not needed in most states, however.
What Our Firm Provides
KAASS Law firm may be able to help you with the list provided below.
- Draft or analyze important documents.
- Protect your rights.
- Answer your concerns or address issues with the closing documents' terms and conditions.
- Ensure all documentation completion.
- Identify and negotiate problems through title searches.
We are completely dedicated to building a case that is at our clients' greatest advantage. Furthermore, our considerable competence allows us to approach our cases with confidence, intelligence, and skill. This is the case for both in negotiations and in court. Within the legal and business areas, the firm has gained and maintained a strong reputation. We offer guidance and counseling on corporate compliance and personnel matters. We normally recommend estate plans for individual clients. This allows them to be advised on the formulation and implementation of a wide range of estate plans. This varies from the most simple to the most complex.
Keep in mind, it is important to hire an attorney early on in the transaction. An attorney will be able to guide you through the process and ensure that every decision is the right decision for you. It is possible to agree to conditions that aren't in your best interests or result in an unanticipated outcome without an attorney's knowledge. It may be difficult to completely comprehend the requirements of completing a real estate transaction without such guidance. Certainly, consider your time and extra efforts. Hiring an attorney will be a great decision to successfully complete a real estate transaction. Our team, your trusted attorneys, deal with the heavy work while you are able to take it easy and watch your transaction effortlessly move forward.
Contact Us Today for a Consultation
KAASS Law's team can help you understand and plan for the tax implications of buying or selling real estate because of our extensive legal knowledge. Our lawyers will ensure a seamless transaction and provide fair solutions to any complications that arise. This may include buying, financing, selling, or leasing.
Consult an experienced real estate attorney before committing significant time and money to a real estate transaction or enterprise. With whatever complexity of your transaction, KAASS Law's legal team will ensure that your rights and best interests are put forward. Give our office a call today at {meta.phoneFormatted}. Ensure of a smooth transaction for your next real estate transaction.
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Real Estate Purchase and Sale Disputes
While purchasing a home in California can be an exciting experience for some, oftentimes disputes in real estate transactions do occur both during and after closing. There are steps both buyers and sellers can take to attempt to avoid purchase contract disputes.What Saftey Measures a Buyer Can Take Prior to a Real Estate Purchase?
A buyer can protect themselves by taking additional measures prior to the real estate purchase, including:- Inspect the property;
- Hire an appraiser to verify the value of the property;
- Hire an inspector to inspect the home;
- Review the entire real estate contract carefully;
- Ask for additional information with repsect to the condition of the roof, plumbing, etc;
- Hire a property surveyor to survey the property;
- Interview neighbors to obtain information about the neighborhood
What is a Purchase Dispute?
To begin, let's get familiar with disputes. A dispute is another word for disagreement. Questioning a lead or if a claim is true is a dispute. Disputes take place between two opposing parties regarding legal issues due to the fact that an agreement has not been concluded. Now that we know more about disputes, we can further our knowledge into an understanding of purchase and sale disputes.What Are Contingencies in Real Estate Transactions?
Most real estate purchase and sale contracts have conditions, which the buyer must remove in writing and notify the escrow holder before the transaction becomes final. Inspection and/or financing contingencies are examples of contingencies. This process is known as deleting or waiving contingencies.Breach of Contract in a Real Estate Transaction
A breach of contract takes place when the seller cancels the deal after the buyer has waived all contingencies. For example, a seller cannot back out of a property sale just because they don't want to sell the property or because another offer to acquire the property appears to be greater than the original offer. In these cases, the buyer can attempt to enforce the purchase agreement. If a buyer refuses to complete a transaction without reason, the seller can seek damages through mediation, arbitration, or via lawsuit. Damages are not always straightforward, and the seller has a responsibility to try to reduce losses by selling the property to another party.Resolving a Dispute Amongst Buyer and Seller
Each situation between parties may be different. Attorney's normally deal with dispute cases. It is in the attorney's best interest for the legal process of litigation to go smoothly.How Does Dispute Resolution System Work?
Dispute Resolution System (DRS) is used to solve disputes, hence in the name. DRS uses few methods without the interference of a third party. Steps to prevent and resolve such disputes come as follows:- Negotiate- Configure a solution amongst strictly disputing parties and parties willing to settle for agreement, all without third-party involvement.
- Mediate- Third-party configures reasonable settlement with a decision to satisfy both parties directly included.
- Arbitrate- The dispute is resolved without showing up to court. This is a mutual agreement.
Am I Making The Right Decision?
During a real estate transaction, things may get difficult to navigate during the process. Considering hiring an attorney will put you at ease. By doing so, navigating through documents, resolving disputes, and making intelligent decisions will work in your favor. The benefits of the transaction results will follow through in a blink of an eye.Los Angeles Real Estate Attorney
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California Assembly Bill Number 901
What Does Assembly Bill Number 901 Do?
Assembly Bill number 901 (AB 901) focuses on the juvenile system in California. AB 901 does the following:
- Stops referring children and/or teens into probation programs who are having problems at school;
- Stops the juvenile court from having authority to sentence a minor to be a ward of the court because the minor has refused to obey the reasonable and proper orders or directions of school authorities;
- Stops a probation department from taking specified actions as part of providing services or programs to minors, not on probation;
- Requires the District Attorney and the probation officer to cooperate in determining whether another public agency, community-based organization, the probation department or the District Attorney is best able to operate a truancy mediation program that is best able to.
When Was AB 901 Approved and Filed with the Secretary of State?
AB 901 was approved by the Governor and filed with the Secretary of State on September 30, 2020.
What Was the Law Before AB 901 was Approved?
Before AB 901 was approved, minors could be referred to a school attendance review board or to the probation department for services if:
- the probation department decided to receive such referrals;
- the minor is consistently absent from school;
- the minor is consistently insubordinate or disorderly at school.
Additionally, before AB 901 was approved, the law would place a person who is between 12 and 17 years old within the jurisdiction of the juvenile court and could become a ward of the court for certain offenses, including:
- the minor refusing to obey the reasonable and proper orders or directions of their parents;
- the minor is consistently absent from school.
How was a Minor Considered Consistently Absent?
A minor was considered consistently absent if they missed three (3) or more days in one school year and a school employee made at least one attempt to intervene with the minor's parent or guardian.
What Does It Mean to be a Ward of the Court?
When a minor is determined to be a ward of the court, this means they fall under the court's control and responsibility.
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Proposition 63 Background Checks on Ammo Purchases
What is Proposition 63?
Proposition 63 is the California ballot proposition that passed as of November 8, 2016. Prop 63 requires background checks and a California Department of Justice (DOJ) authorization in order to purchase ammunition. Additionally, Proposition 63 banned the possession of high-capacity ammunition magazines that are over ten (10) pounds.What is a High-Capacity Magazine?
A high-capacity magazine is a firearm magazine that may hold more than ten (10) or fifteen (15) rounds of ammunition.What is the Current Law Regarding Large-Capacity Magazines?
Penal Code Section 32310 makes a crime to:- Manufacture; or
- cause to be manufactured;
- limport into the state;
- keep for sale; or
- offer or exposes for sale;
- or who give, lend, buy, or receive any large-capacity magazine
Does Proposition 63 Affect Any Existing Penal Code Section?
Yes, Proposition 63 added Penal Code Section 32310(c) and (d). Penal Code Section 32310(c) makes the possession of large-capacity ammunition magazines an infraction or a misdemeanor. Additionally, Penal Code Section 32310(d) requires owners of large-capacity ammunition magazines to dispose of their magazines by either removing them from the state, selling them to a licensed firearms dealer, or surrendering them altogether to law enforcement.Does Proposition 63 and its ban on Large-Capacity Magazines Violate the Second Amendment of the United States?
Proposition 63's ban on large-capacity ammunition magazines was ruled unconstitutional by the Ninth Circuit of California. Specifically, Judge Kenneth Lee wrote the majority's opinion and stated that "the state could ban virtually anything if the test is merely whether something causes social ills when someone other than its lawful owner misuses it. Adopting such a radical position would give the government carte ban to restrict the people's liberties under the guise of protecting them." Duncan v. Becerra, Ninth Circuit Court of Appeals, August 14, 2020.Can You Be Prosecuted for Violating Proposition 63?
The possession of a large-capacity magazine is no longer a crime. However, moving forward it is still a crime to manufacture and sell large-capacity magazines may still be illegal, even though the law is still unclear in this regard.Los Angeles Criminal Defense Attorneys
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Penal Code Section 459.5 Shoplifting
According to California Penal Code Section 459.5, shoplifting is entering a commercial establishment during regular working hours, with the intent to commit larceny, where the value won't exceed $950.What Does the Prosecution Need to Prove to Be Convicted of Penal Code 459.5 PC?
To be convicted of 459.5 PC shoplifting, the prosecutor must establish that the defendant:- entered into a commercial establishment;
- while the establishment was open during normal business hours; and
- entered with the intent to steal property worth $950 or less
Penalties for a Misdemeanor Penal Code 459.5 PC Shoplifting Conviction
Penalties for a misdemeanor shoplifting conviction include:- Up to six months in county jail; and/or
- Fines not exceeding $1,000.
Penalties for a Felony Penal Code 459.5 PC Shoplifting Conviction
Penalties for a felony shoplifting conviction include:- Up to six months in county jail;
- Fines not exceeding $10,000; and/or
- participate in a felony probation program
Legal Defenses for Shoplifting
Penal Code section specifically requires, "entering a commercial establishment during regular business hours, with the intent to commit larceny." The "intent" is a critical aspect of this charge. This means that the defendant must have intended to take the property. As such, if the defendant mistakenly walked out with the property, the "intent" element is not satisfied.The Defendant was Wrongly Accused of the Crime
The prosecutor must be able to prove that the defendant was present at the time the merchandise was stolen and was the cause of the incident. Usually, this information is provided by merchants and eyewitnesses and that were present at that time.A Case of a Civil Compromise
Under California law, if the shoplifter agreed to repay the owner of the business for all losses or damages a civil compromise can be redefined.A Police Misconduct
The defendant may be prone to some forms of police misconduct including:- Fabrication of evidence to incriminate you
- Violation of the Fourth Amendment rule which protects a person's rights against unreasonable searches
- Coercing a person's confession.
Related Crimes
Los Angeles Criminal Defense Attorney
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Child Abduction Law in California
California PC 278 Child Abduction
According to California Penal Code Section 278, child abduction is malicious taking, enticing, keeping, withholding, or concealing a child with the intention to detain or conceal the child from his legal custodian.
What Must the Prosecutor Prove to Be Convicted of a PC 278 Child Abduction?
The prosecutor must establish the following elements to prove that defendant is guilty of PC 278 child abduction:
- Defendant maliciously took, enticed, kept, withheld, or concealed a child under the age of 18
- Defendant had the intention to conceal or detain the child from his lawful custodian
- Defendant didn't have legal right or custody of the child
What Do These Elements Mean?
- To entice away means to seduce, attract, or allure a child by instilling desire and hope in someone. The defendant can still be charged of child abduction even if the child positively agreed to go with him.
- To keep or withheld means retaining of physical possession of a child whether or not the child objects or resists
- Right to custody is the right to physical care and control of a child granted by either a court order or by being the parent of the child and not having had custody rights rescinded or revoked by the court.
- A lawful custodian is a person, guardian, or a public agency having a right to custody of a child.
What are the Differences Between a Child Abduction and Kidnapping?
Crimes of child abduction and kidnapping should not be interpreted as the same. Kidnapping is a crime against the kidnapped person while child abduction is a crime against both the child abducted and the parent of the abducted child.
What are the Legal Defenses for California PC 278 Charges?
- The defendant had lawful custody of the child
In case the defendant is a lawful custodian of the child, he cannot be found guilty of this offense. A parent entitled to custody cannot be liable for abducting his own child.
- Defendant took the child from a person who was not a legal custodian
Taking a child from a person who is not the lawful custodian of the child is not considered a violation of California PC Section 278. However, depending on the case circumstances, the defendant may face charges for kidnapping.
- Defendant did not take the child maliciously
A child can only be detained or taken in violation of custody or visitation order only if there is a reasonable belief and good faith that the child may suffer bodily injury or emotional harm by staying with a parent or legal guardian. In case the defendant detains a child for protection he must immediately contact the local District Attorney's Child Abduction Unit and follow reporting instructions for escaping punishment.
Penalties for Violating California Penal Code Section 278
California PC Section 278 is a wobbler and can either be charged as a misdemeanor or a felony, depending on the case circumstances and the defendant's criminal history.
What are the Penalties for a PC 278 Misdemeanor Conviction?
Penalties for a PC 278 misdemeanor conviction include the following:
- Up to one year in a county jail
- A fine of up to $1,000
What are the Penalties for a PC 278 Felony Conviction?
Penalties for a PC 278 felony conviction include the following:
- Probation
- Up to one year in a county jail
- Two, three, or four years in the California state prison
- A fine of up to $10,000
Additionally, the defendant may be subject to pay restitution to the prosecuting agency, the victim or to any person acting on the victim's behalf, for any costs reasonably incurred in locating and returning the child to the victim.
Aggravating and Mitigating Factors
The court will determine the penalty based on mitigating or aggravating factors presented by the prosecutor.
Aggravating Factors Can Include the Following Types of Facts
- Defendant exposed the child to a substantial risk or caused physical injury or illness
- Defendant took the child outside of the country
- Defendant hasn't returned the child
- Defendant substantially altered the appearance or name of the child
Mitigating Factors Can Include the Following Types of Facts
- Defendant returned the child safe and unharmed prior to the arrest or the issuance of a California warrant
- Defendant provided assistance and information leading to the child's return
- Defendant undertook another action that could qualify as lesser charges
PC 278 Child Abduction Criminal Defense Attorney
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Partition Actions for Real Estate Disputes
Disputes can emerge when more than one individual owns a piece of property. When co-owners are unable or unwilling to decide what to do with their real estate, the process of buying out the owners or selling the property and distributing the proceeds can be extremely complicated. A partition action may be the best way to resolve a real estate dispute amongst co-owners.
Partition Actions
There are many reasons for partition actions to take place. They all originate from multiple owners claiming ownership of the same piece of real estate. For instance, let's say two people co-own a property. One of them does not want to co-own the property anymore. This results in a partition action. There are two types of partition actions: partition in kind and partition by sale.
Partition in Kind
Physical borders divide the land amongst co-owners. This divides the property into smaller, personalized portions, each held by a single person, rather than one large piece co-owned by numerous persons.
In California, the courts may mandate a partition in kind as one option to resolve a partition case. This leaves each individual with an independent ownership share of the property.
When California courts mandate partition in kind, they must award each co-owner an "equitable portion" of the property. Each co-owner gets a fair division of land. For instance, if a court divides a 10-acre plot of land between two co-owners, the court will not automatically give each of the five acres. This problem develops when one part of the land is more valuable than the rest due to its closeness to a road, a beach, or other land feature.
Partition by Sale
When partitioning a property in-kind isn't possible, the court may order a partition by sale. This entails selling the property and dividing the earnings among the owners. The proceeds must be split equally and fairly amongst owners, just as they must be divided in kind. The entire property is sold as one piece of land in a partition by sale. When a division in kind isn't possible due to the structure of the real estate, a partition by sale proceeds.
The court must evaluate the form of tenancy for the land and whether any exceptional conditions exist that would result in one co-owner receiving a bigger share of the sale. A partition by sale has a real estate attorney handling all of the discussions and court appearances for you as a co-owner. In effect, this minimizes problems. Previously, California courts favored partition in kind over partition by sale. The courts would only impose partition by sale in exceptional circumstances. Partition by sale has been more widespread in recent decades. Co-owning real estate is common. To be precise, it is particularly in urban or developed areas. If one or more co-owners object to a disputed property being sold, the court may allow them to buy out the shares of the co-owner who filed the partition action. This averts a forced sale.
Find Your Real Estate Attorney Today!
Have you been involved in a real estate dispute? Do you co-own a property? A partition action may be applicable for you. Schedule a consultation to discuss your real estate matter. Contact KAASS Law Firm today at {meta.phoneFormatted}.
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Making a False Report of an Emergency
Is it a Crime to Make a False Report of an Emergency?
Yes, it is a crime in California to knowingly report a false emergency under Penal Code 148.3. Namely, it is a crime to make a report or cause a report to be made to any city, county, city, or state department, district, agency, division, commission, or board, that an emergency exists when in reality an emergency does not exist.
How is an Emergency Defined for Purposes of Making a False Report of an Emergency?
For purposes of making a false report of an emergency, an emergency includes any condition that does, or could result in, the response of any public official to any condition that can jeopardize public safety, evacuation of an area, or activates AMBER alert.
What Are the Penalties of Making a False Report of an Emergency?
Penalties for making a false report of an emergency may include being charged with a misdemeanor with up to one year in county jail and a maximum fine of $1,000.
What Are Some Examples that Would Likely Result in Making a False Report of an Emergency?
Here are some examples that would likely result in making a false report of an emergency:
- A man calls the police to tell them he is holding a hostage captive and threatens that he will not let them go unless he is paid money when in reality he is not holding anyone hostage but only threatened to get money;
- Calling 911 and claiming that the building they are in is on fire and therefore needs help immediately, but in reality, when the fire department and paramedics get there, they see the individual sitting on the sidewalk and the building that is not on fire.
Are There Instances where Making a False Report of an Emergency can be Charged as a Felony?
Yes, there are instances where making a false report of an emergency can be charged as a felony should the false alarm result in someone suffering great bodily injury or death.
How is Great Bodily Injury Determined?
Great bodily injury is determined by how severe the injury to the person is. Thus, the following factors are typically considered:
- The severity of the injury;
- Whether the injury required immediate medical care; and/or
- The level of physical pain the individual is in.
Los Angeles Criminal Defense Attorney
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H&S 11351 Possession for Sale of Controlled Substance
Is it a Crime to Possess for Sale of Controlled Substance?
Yes, under Health and Safety Code 11351, it is considered a felony in the state of California to possess controlled substances with the intent to sell them.What is Considered a Controlled Substance Under Health and Safety Code 11351?
For purposes of Health and Safety Code 11351, a controlled substance is any drug or chemical whose manufacturing, possession, and use are regulated by the government under the Controlled Substances Act.What is the Controlled Substance Act?
The Controlled Substance Act is a federal statute that enables the federal government to regulate the manufacturing, importation, possession, use, and distribution of certain substances. Additionally, controlled substances are placed under one of five schedules under this act. The placement is based on the following:- Substance's medical use;
- Substance's potential for abuse;
- Substance's safety; and
- Substance's dependence liability
What Are Examples of Controlled Substances for Purposes of Health and Safety Code 11351?
Controlled substances for purposes of Health and Safety Code 11351 include the following:- Cocaine
- LSD
- Mushrooms
- Peyote
- Opium
- Codeine
- Hydro codeine
- Morphine
- Ecstasy
What is Considered "Possession" Under Health and Safety Code 11351?
For purposes of Health and Safety Code 11351, possession is established when an individual has direct and/or immediate control over the controlled substance. Typically, this is established when the individual possesses the controlled substance if they are carrying it on them. Possession can also be established if an individual has personal control over the substance such that the controlled substance was found near or around an area that the individual exercises control over, such as in the individual's car or garage.How is Intent to Sell Established Under Health and Safety Code 11351?
Under Health and Safety Code 11351, intent to sell can be established by showing the following:- The amount of the controlled substance is greater than the amount one individual would typically use;
- The controlled substance has been found in separated baggies;
- The controlled substance was found near or next to a weighing mechanism such as a scale; or
- The location of the controlled substance is frequently visited by many individuals who temporarily come in and go out of the establishment
What are the Penalties Associated with Violating Health and Safety Code 11351?
As mentioned above, violating Health and Safety Code 11351 is considered a felony. Penalties include the following:- Up to one year in county jail and probation; or
- Two, three, or four years in county jail; or
- Be placed on formal probation
- Pay fines of up to $20,000
Los Angeles Criminal Defense Attorney
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Shooting at an Inhabited Dwelling or Occupied Vehicle
What Does It Mean to Shoot at an Inhabited Dwelling or Occupied Vehicle?
Under Penal Code 246, it is a crime in California to shoot at a house, apartment, building, camper, or any other dwelling or vehicle where there are individuals inside.Is It Enough to Just Shoot at an Inhabited Dwelling or Occupied Vehicle?
No, in order to violate Penal Code 246, the individual has to willfully and maliciously shoot the firearm.What Does It Mean to Willfully and Maliciously Shoot for Purposes of Penal Code 246?
For purposes of Penal Code 246, an individual must have the intent to do a wrongful act with the intent to injure, disturb, or otherwise harm another individual.What Is Considered an Inhabited Dwelling for Purposes of Penal Code 246?
For purposes of Penal Code 246, an inhabited dwelling is considered any house or building if an individual lives inside the house or building. It is important to note that for purposes of Penal Code 246, it is not necessary that an individual was in fact inside the house or building at the time of the shooting. Thus, it is only necessary that an individual uses the house or building as a dwelling for purposes of Penal Code 246.What is Considered an Occupied Vehicle for Purposes of Penal Code 246?
Similarly, as to an inhabited dwelling, an occupied vehicle is considered any vehicle such as a car or camper where an individual lives inside of the vehicle. Again, the individual does not necessarily have to have been home at the time of the shooting, just that the individual uses the vehicle as a place to dwell in.What Are the Penalties for Violating Penal Code 246?
Penal Code 246 is prosecuted as a felony, where an individual can face penalties including:- 6 months to one year in county jail; or
- 3, 5, or 7 years in state prison; and/or
- paying fees up to $10,000.
Los Angeles Criminal Attorney
If you or someone you know is facing charges of Penal Code 246, please contact KAASS Law at {meta.phoneFormatted} to speak to an experienced criminal defense attorney for a consultation.