Law Office of Ethan A. Glaubiger – 2020/12/16 11:23:14 Law Office of Ethan A. Glaubiger 2026-10-08T09:07:05Z https://www.glaubigerlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1200715/2019/07/cropped-Favicon-min-32x32.png On Behalf of Law Office of Ethan A. Glaubiger <![CDATA[What if fixtures disappear before your home purchase closes?]]> https://www.glaubigerlaw.com/?p=49461 2026-10-05T09:18:08Z 2026-10-08T09:07:05Z Start with what comes with the home A fixture is an item that has become part of the home or land rather than remaining separate personal property. California law looks at more than how an item is attached when deciding whether it is a fixture. How the item relates to the property and whether it was meant to remain there can also matter. Your purchase agreement helps settle what comes with the home. Some items remain personal property, such as a freestanding appliance. Your agreement may still require the seller to leave an item even if it does not count as a fixture.

What removal may mean for your contract

If the seller takes something the agreement says will stay, the home no longer matches the deal you signed. That removal might violate the purchase agreement. Your contract may also explain what options you have before the sale closes. The final verification of condition gives you a chance to spot that kind of change before closing. You may compare the home with what you agreed to buy and record anything that no longer matches. The walkthrough does not change the terms you already accepted.

Keep a record before closing

A missing fixture can matter during a home purchase when your agreement says the item comes with the property. You may want to photograph what changed and save any messages about the missing item. It could also help to compare any proposed solution with what your signed agreement requires.]]> On Behalf of Law Office of Ethan A. Glaubiger <![CDATA[Your rights when a landlord tries to change the rules]]> https://www.glaubigerlaw.com/?p=49458 2026-09-03T14:27:43Z 2026-09-08T14:27:06Z You're a good tenant. You pay your rent on time and respect the rules. So when a landlord suddenly tries to shift the goalposts with new rules, any resulting frustration you have may be completely justified. These changes might feel unreasonable, especially when you have already committed to a specific set of terms in your lease. Is it legal for landlords to make these changes?

What type of lease do you have?

The ability to change terms depends largely on the duration of your agreement. If you have a fixed-term lease (like a one-year lease), your landlord generally can’t change major lease terms until the lease ends. Exceptions exist if the lease itself allows a mid-term change or you agree in writing to a lease amendment. If you have month-to-month rental agreements, landlords usually have more flexibility with their changes. However, they must give proper notice and follow California rules.

When they can modify lease terms

Landlords have more flexibility with month-to-month tenancies, but they generally must give written notice far enough in advance for the change to take effect. In many cases that’s at least 30 days’ notice; if you’ve lived in the unit for a year or more, many changes require 60 days’ notice. If the proposed change involves an increase in rent, California commonly requires:
  • 30 days’ written notice if the increase is 10% or less, and
  • 90 days’ written notice if the increase is more than 10% (often measured over a 12-month period)
Notice usually must be properly delivered (for example, in person or by mail). A text message or casual email may not count as legal notice unless you’ve agreed to receive notices electronically. If a landlord doesn’t follow the required notice rules, the new term may be unenforceable.

Protecting your rights as a tenant

In cities like San Francisco or Santa Rosa, local ordinances might offer even more protection for tenants. For instance, if a landlord removes a housing service like laundry access or storage, local rules may let tenants seek a rent reduction or other remedy. Even if the landlord provides the right notice, they may still be violating local housing laws if they fail to adjust the rent properly. You have the right to a predictable living environment. Understanding these guidelines allows you to stand your ground when a landlord tries to overstep their authority.]]> On Behalf of Law Office of Ethan A. Glaubiger <![CDATA[When your neighbor threatens your only way onto the property: Protecting easement rights]]> https://www.glaubigerlaw.com/?p=49456 2026-08-04T07:05:08Z 2026-08-07T07:04:40Z waking up one morning to find your neighbor blocking the driveway you have used for fifteen years — the only route to your property. This nightmare scenario is more common than you might think, and it leaves property owners feeling trapped, frustrated and legally vulnerable.

Understanding your position

If you have been using an easement to access your property for years, you likely have established legal rights that your neighbor cannot simply erase on a whim. In California, property owners can create easements through written agreements, necessity or even long-term use through a legal doctrine called prescriptive easement. The most common example of a prescriptive easement is public beach use throughout the state. 

Immediate steps to take

When your neighbor threatens to revoke or block your easement access, swift action is essential. Consider the following steps:
  • Review your property deed and title documents to locate any recorded easement agreements
  • Contact a real estate attorney with experience in property disputes and easement law
  • Document everything including dates of use, photographs of the access route and any communications with your neighbor
  • Avoid escalating the conflict through confrontation or by blocking their property in retaliation
These initial actions will help you understand your legal standing and create a record that may prove invaluable if the dispute advances to litigation.

Long-term solutions

Once you have taken immediate protective measures, you will need to consider how to resolve the conflict permanently. California law offers several pathways to protect valid easement rights.
  • Negotiate directly with your neighbor or through legal counsel to clarify the easement terms and address their concerns
  • File a quiet title action in court to legally establish and confirm your easement rights
  • Seek a court injunction to prevent your neighbor from interfering with your access
Each option carries different costs, timeframes and potential outcomes. An attorney with experience in this niche area of law can evaluate your specific situation.

Protecting what is rightfully yours

Easement disputes can be emotionally charged and legally complex, but property owners who have relied on access rights for years typically have strong legal protections under California law. The worst response is to ignore the problem or assume your neighbor will back down. By understanding your rights, documenting your case and seeking qualified legal counsel, you can protect your ability to access your property and preserve your investment for years to come.]]> On Behalf of Law Office of Ethan A. Glaubiger <![CDATA[Should you buy property held in a family trust?]]> https://www.glaubigerlaw.com/?p=49454 2026-08-04T07:05:02Z 2026-08-07T07:04:38Z What to verify before making an offer Before making an offer, buyers can expect a trust-owned sale to involve a closer review of certain documents and ownership records. Buyers, escrow officers and title companies will usually examine the following:
  • The trustee's legal authority to sell the property
  • Whether all trustees must approve the sale
  • The title report for liens, easements or ownership defects
  • Whether the property was transferred into the trust
  • Whether escrow will require a Certification of Trust
Together, these documents help establish who has the authority to complete the sale and whether the property's ownership records support a clear transfer of title. Identifying questions early in the transaction can also reduce the likelihood of delays before closing

Issues that can complicate the purchase

Most sales involving a family trust close without major problems. In some cases, however, questions arise when a successor trustee recently assumed responsibility for the trust or when title records do not match the current ownership. The transaction may also take longer if multiple trustees must approve the sale or if escrow or the title company is waiting for trust documents. Resolving these issues before closing helps keep the transaction on track.

What this means for your home search

If you come across a property owned by a family trust, it does not necessarily mean the purchase will be more difficult than any other home sale. Instead, you can expect the transaction to include a few additional steps to confirm who has the authority to sell the property and that the ownership records support the transfer. Knowing what to expect before making an offer can help you better understand the process and the documents that may become part of the transaction if a trust-owned property is the right fit for your needs.]]> On Behalf of Law Office of Ethan A. Glaubiger <![CDATA[How do deed errors affect California property ownership?]]> https://www.glaubigerlaw.com/?p=49451 2026-07-21T10:35:49Z 2026-07-09T08:16:39Z deed error can cast doubt on who really owns California property, especially when the error affects the legal description, signatures or recording details. You can often fix the problem without going to court, but some disputes may still require a judge to sort out the title.

How do deed errors create doubt?

A deed should match the property and the parties with care. If the legal description is wrong, the deed may point to the wrong parcel or fail to show what was meant to transfer. A missing grantor's signature may prevent a valid transfer of title, while a missing or defective notarization may create recording issues that could complicate future sales, refinancing or title searches. Even small mistakes can matter. A misspelled name or recording error may not stop every transfer, but it can make title companies hesitate and can slow down refinancing or resale. That uncertainty often shows up when you try to establish the property’s place in your chain of title

How can you spot error in the deed?

You may first notice a deed issue during a sale, refinance or title review. County recorder records, title reports and old closing papers often reveal whether the deed matches the property and the owner names. Common red flags include:
  • A legal description that does not match the parcel
  • A missing signature, acknowledgment or notary stamp
  • A recording error, such as a wrong name or document reference
Any of these issues could create delays, confusion or disputes if no one identifies and corrects them early.

How can you fix the problem?

California law gives you a few possible correction paths. A corrective affidavit may work for certain minor recording errors, while a corrected deed or re-recording may resolve other problems if the right parties sign and acknowledge the document again. When the issue goes beyond a simple clerical mistake, you may need a corrective deed that clearly explains what changed and why. If the original signer is unavailable or the defect affects ownership itself, a quiet title action may be the more reliable way to settle the record. Because deed errors can affect ownership, financing and resale, you may want a California real estate attorney to review the documents before you rely on any correction method.

When may court intervention be needed?

A court case may make sense when the deed dispute creates real conflict about who owns the property, or when the recording record and the true intent no longer line up. That can happen if heirs, lenders or later buyers claim competing rights. In that situation, a judge can review the documents and decide whose claim appears stronger. For that reason, you may want to address deed errors quickly before the issue grows into a broader title dispute.

Protect your title before the dispute grows

California deed errors can create real uncertainty, but you often have ways to correct the record before the problem turns into a full ownership fight. When the mistake affects title or raises a larger dispute, getting legal guidance early may help you choose the next step.]]> On Behalf of Law Office of Ethan A. Glaubiger <![CDATA[4 legal issues first-time homebuyers in California should know]]> https://www.glaubigerlaw.com/?p=49450 2026-07-21T10:35:08Z 2026-06-10T13:01:18Z Buying a home is one of the biggest purchases you will ever make. California has rules in place to protect you, but you need to know what to look for before you sign anything.

How Texas law governs non-compete clauses

California Civil Code Sections 1102 through 1102.14 require sellers to hand over a Transfer Disclosure Statement (TDS). This form is where sellers list known defects, past repairs or anything else that could affect the home's value.  If you get this form late or it changes, Civil Code Section 1102.3 gives you three to five days to walk away from the deal. 

"As-is" sales and hidden defects

Some homes are sold "as-is," which means the seller will not make repairs. But it does not mean they can hide problems they already know about. If a seller is aware of structural damage, unpermitted work or foundation issues, they still have to tell you.

Natural hazard disclosures

Sellers must provide a Natural Hazard Disclosure (NHD) report identifying whether a property sits in a designated high-risk zone. Review it carefully before you proceed. Common zones disclosed in the NHD include:
  • Special Flood Hazard Area: May require flood insurance under federal guidelines.
  • State Fire Responsibility Area: Can affect your ability to obtain standard homeowner policies.
  • Earthquake fault zone: May trigger mandatory retrofitting requirements.
Living in any of these zones can raise your insurance costs significantly.

Statutes of limitations after closing

If a problem surfaces after escrow closes, a legal deadline applies. California's general statute of limitations for post-closing non-disclosure claims is two years. If you discover fraud, California Code of Civil Procedure Section 338 may extend that window to three years from the date of discovery.

Speak with a real estate attorney before you close

These rules interact in ways that are not always obvious, and the consequences of missing a deadline or misreading a disclosure can be costly. An attorney can help you understand your options before you commit to a purchase. ]]> On Behalf of Law Office of Ethan A. Glaubiger <![CDATA[4 title disputes that can derail a property sale in California]]> https://www.glaubigerlaw.com/?p=49448 2026-07-21T10:36:22Z 2026-05-14T06:03:47Z Selling or buying a home in California is already complex. A title dispute can bring that process to a halt before escrow ever closes.

What a title dispute actually means

A property title represents legal ownership. For a sale to close, that title must be clear and marketable. When a defect clouds the title, it signals that someone else may have a legal interest in the property. You must resolve that defect before ownership can transfer.

Four disputes that stall California property sales

Each of the following issues can delay or cancel a sale. Some are easier to fix than others. California home sales commonly stall because of these title problems:
  • Undisclosed liens: A previous owner may have left unpaid tax debts, contractor bills or court judgments attached to the property. A buyer cannot receive clear title until those debts are resolved.
  • Boundary and easement disputes: A neighbor's fence may cross the property line. An easement may not be properly recorded. Either issue can freeze a transaction until the parties reach an agreement.
  • Errors in public records: A misspelled name or wrong legal description at the county recorder's office breaks the chain of title. Fixing these errors requires filing corrective documents and takes time.
  • Missing heir claims: A relative of a prior owner may emerge after a property is listed. Their claim can halt a sale and may require a court to resolve ownership.
Any of these problems can surface during a title search, which is why reviewing that report carefully matters.

How these disputes are typically resolved

Parties often resolve title defects through negotiation, corrective filings or paying off outstanding debts. When those approaches fall short, Code of Civil Procedure Sections 760.010–764.080 allows a court to clear adverse claims and restore marketable title. Title insurance can also protect buyers from financial loss if a hidden defect surfaces after closing.

When to get legal guidance

Title disputes involve legal rights, court filings and negotiation with multiple parties. The outcome of each dispute depends on the specific facts and documentation involved. An attorney can help you understand your options and can help you evaluate your position before a title issue affects your closing.]]> On Behalf of Law Office of Ethan A. Glaubiger <![CDATA[Can you amend a buy-sell agreement after you sign it?]]> https://www.glaubigerlaw.com/?p=49447 2026-05-01T19:58:47Z 2026-05-06T19:57:49Z Amending a buy-sell agreement under law Most buy-sell agreements have a clause that dictates what you need to do to make a change. If your contract has one, you will need to follow its terms to ensure that the new agreement becomes enforceable. Even without this clause, California law generally allows you to amend a contract by mutual consent (provided the amendment is in writing or is supported by new consideration).

Recognizing common triggers for modification

One of the more frequent reasons for amendment involves shifts in business valuation. If the company has grown significantly or declined since you and the other party executed the agreement, the original purchase price or valuation formula may no longer reflect fair market value. Changes in ownership percentages or the addition of new partners also commonly prompt revisions. When a new partner enters the business or an existing partner adjusts their stake, the agreement may need to account for those updated interests. Tax law changes or shifts in personal financial planning can create a need for revision as well. An agreement structured around specific tax advantages at the state or federal level may become less beneficial if those provisions change over time.

Navigating potential pitfalls in the process

Your amendment process can fail at the start if a required party from the original agreement does not agree to the changes. Without the needed approval, which may require all parties or a set majority based on the base terms, your changes risk a legal challenge. Even when everyone agrees, the way you write the amendment can create problems. Unclear or loose wording can conflict with the base terms, and those issues often show up at the worst time. The risk grows when you skip formal documentation altogether and rely on verbal understandings or unsigned drafts. These informal arrangements are difficult for you to enforce on their own, and they become nearly impossible to defend when your prior contract includes a clause that requires all modifications be in writing. Because of the sensitive nature of these documents, consulting with an attorney can help prevent minor errors from happening. They also make sure the amendment follows every step required under the original agreement.]]> On Behalf of Law Office of Ethan A. Glaubiger <![CDATA[5 costly contract mistakes California homebuyers make]]> https://www.glaubigerlaw.com/?p=49444 2026-04-08T09:43:46Z 2026-04-13T09:42:58Z Buying a home in California moves quickly. Contract mistakes can lead to lost deposits or unexpected costs.

Failing to read the full agreement

You may feel pressure to move fast, but skipping sections of the contract creates risk. Important terms often appear in dense or technical language. California purchase agreements set clear duties and deadlines. Missing one detail could affect your ability to enforce the contract or cancel the deal.

Misunderstanding contingency timelines

Contingencies often last 17 days or less. These include inspections, financing and appraisals. If you miss a deadline, your earnest money deposit may be at risk. You could also lose your ability to exit the contract without penalty.

Overlooking disclosures and title details

California Civil Code § 1102 requires sellers to disclose material facts that affect value. This includes the Transfer Disclosure Statement. You should review key documents carefully:
  • Title report: May reveal liens or easements.
  • Natural hazard disclosure: Identifies environmental risks.
  • Inspection reports: Can show hidden property issues.
These documents help you understand what you are actually buying. Skipping them can lead to legal disputes or repair costs.

Skipping specialized inspections

A standard inspection may not uncover every issue. Roof, sewer and foundation problems often require separate evaluations. You could face significant repair costs after closing if these issues go undetected. Additional inspections may reduce that risk.

Relying on verbal agreements

Verbal agreements are not enforceable in real estate transactions. Only written terms control what each party must do. You should confirm that all repairs, credits and changes appear in signed documents. This step helps prevent disputes before closing.

Why legal guidance may help

Real estate contracts in California carry legal and financial consequences. Small errors in timing or documentation can create larger problems later. You may benefit from reviewing your agreement with a legal professional. A closer review can help you understand your obligations and protect your interests.]]> On Behalf of Law Office of Ethan A. Glaubiger <![CDATA[5 things to consider as a first-time home buyer in California]]> https://www.glaubigerlaw.com/?p=49425 2026-03-26T10:12:31Z 2026-03-31T10:11:51Z 1. Understand your budget Home prices in California vary widely by region. Factor in more than just the purchase price. Include property taxes, insurance, closing costs and any homeowner association fees. Know your financial limits before you start shopping to avoid disappointment later.

2. Review disclosure requirements

California law requires sellers to share important facts about the home’s condition. This includes issues like water damage, foundation problems and any repairs. Read all disclosures carefully so you know exactly what you’re buying.

3. Research local zoning laws

Each city and county has its own rules about how you can use your property. Check zoning laws to ensure you can make future changes, like adding a rental unit or renovating. Understanding these rules helps you plan ahead.

4. Inspect the property thoroughly

Always schedule a professional home inspection before you close the deal. Inspectors can spot problems you might miss, such as electrical issues or hidden leaks. This knowledge gives you power to negotiate repairs or adjust your offer.

5. Secure the right financing

Lenders in California offer many types of loans. Compare rates and terms, and ask about special programs for first-time buyers. Choosing the right mortgage saves you money over time.

Why legal support matters

Buying a home is one of the biggest purchases you will ever make. Real estate laws in California can feel complex and mistakes are costly. A real estate attorney guides you through contracts, disclosures and negotiations. With legal support, you protect your interests and move forward with confidence.  ]]>