FAQ
Frequently Asked Questions
Do I need a real estate attorney to buy a home in California?
California does not legally require a real estate attorney for residential transactions, but having one provides significant protection. An attorney reviews purchase agreements for unfavorable terms, examines the title for defects, coordinates with escrow, and ensures all disclosures are properly handled. Given that a home is likely your largest purchase, attorney review is a prudent investment.
What does a real estate attorney do at closing?
At closing, your attorney reviews all final documents including the deed, settlement statement, title policy, and loan documents (if applicable). They ensure all contingencies have been properly resolved, confirm the title is being transferred cleanly, and verify that the transaction terms match what was negotiated. Warner Legal Group coordinates closely with escrow and the title company to ensure a seamless close.
What is a title contingency and why does it matter?
A title contingency gives the buyer the right to review the title report and back out — or renegotiate — if defects are discovered. Title defects can include liens, easements, boundary encroachments, or prior ownership claims. Devon Warner III reviews title reports carefully to identify any issues before they become your problem after closing.
What happens if the seller backs out of a residential contract?
In California, if a seller backs out of a signed purchase agreement without legal justification, the buyer may be entitled to specific performance (forcing the sale), return of all deposits, and compensatory damages. The appropriate remedy depends on the contract terms and circumstances. Warner Legal Group advises buyers and sellers on their rights when transactions break down.
How long does a residential real estate closing take in California?
Residential closings in California typically take 30 to 45 days from accepted offer to close of escrow. The timeline depends on financing, inspections, title clearance, and negotiation of repair requests. Warner Legal Group helps keep transactions on schedule by proactively managing contingency deadlines and communicating with all parties.