From bustling cities to booming suburbs, California’s real estate market is one of the nation’s most dynamic and complicated. In the past year alone, there were 367,539 residential sales and more than $117.1 billion in commercial real estate activity. With that much movement, it’s no surprise that deals often come with layers of legal and financial complexity.
Whether buying your dream home, expanding an investment portfolio, or developing commercial property, real estate transactions in California go far beyond a simple signature. Hidden contract pitfalls, zoning issues, title disputes, and evolving regulations can easily stall or sink a deal.
If you’re facing vague contract terms, property conflicts, or regulatory red tape, a California real estate lawyer from Marinaccio Law can assess the situation and take action. With experience across residential and commercial matters, we review contracts, resolve disputes, and ensure every step of your transaction is protected so you can confidently move forward.
What Does a Real Estate Attorney Do?
A real estate attorney handles a wide range of legal tasks tied to buying, selling, and managing property. Legal guidance is especially valuable in California—where regulations are strict and transactions can be high-stakes. In California, their services often include the following:
- Business formation. Real estate attorneys help clients form LLCs or other legal entities to hold property, draft formation documents, and advise on the best ownership structure for liability protection and tax planning.
- Breach of contract. When a deal falls apart, an attorney can perform a real estate contract review, pursue or defend a claim, and negotiate a resolution to protect the client’s interests.
- Commercial lease. A commercial real estate attorney drafts, reviews, and negotiates commercial lease agreements—addressing critical terms like rent escalations, maintenance responsibilities, and liability clauses.
- Estate planning. A real estate attorney in California works alongside estate planners to transfer real property into trusts, prepare deeds, and help clients avoid probate.
- Landlord/tenant dispute. From nonpayment and lease enforcement to habitability claims, attorneys represent landlords or tenants in resolving conflicts under California law.
- Mechanics lien. Attorneys handle the filing, challenging, and enforcing mechanics liens—ensuring all documentation and court procedures meet legal deadlines and standards.
- Probate. During probate, attorneys oversee the legal transfer of property, clear title issues, and file the necessary paperwork with California courts.
- Real estate broker. When commission disagreements or license complaints arise, an attorney can represent either brokers or clients during investigations or litigation.
- Real estate litigation. Attorneys bring cases to court involving fraud, boundary disputes, or failed transactions and handle each step from filing to resolution.
- Real estate transaction. Reviewing contracts, addressing title disputes in California, and coordinating with escrow companies are core parts of an escrow and closing attorney’s role.
- Trust administration. When real estate is held in trust, attorneys guide trustees through property transfers, draft legal documents, and interpret trust instructions.
- Wrongful eviction. An eviction lawyer in California challenges illegal evictions, defends landlords against false claims, and enforces compliance with state law.
When Do You Need a Real Estate Attorney?
Real estate deals can go off track for a number of reasons—disagreements over contract terms, undisclosed title problems, or local zoning restrictions that block development. A knowledgeable real estate attorney can offer support if:
You’re Involved in a Complex Transaction
Deals with shared ownership, seller financing, vague contract terms, or multiple properties often raise legal questions that can delay closing or create future liability.
Your attorney can review the paperwork, identify potential risks, and structure the agreement to protect your interests from the start.
A Property Dispute Has Surfaced
Challenges often involve unclear boundaries, blocked easements, or title issues that delay a sale or transfer—frequently brought up by neighbors or flagged during due diligence.
A property dispute attorney can review legal descriptions, coordinate with surveyors or title companies, and help resolve the dispute through negotiation or litigation.
Landlord-Tenant Issues Are Escalating
Disputes over unpaid rent, withheld repairs, or attempts to remove a tenant without legal grounds can quickly escalate into formal legal action.
Real estate attorneys can represent you, whether you are a landlord or tenant—preparing required notices, handling habitability claims, and applying California’s Just Cause eviction rules to the situation.
You’re Working With Commercial Property
Zoning restrictions, use limitations, and permit requirements can delay or block commercial projects in Los Angeles. For example, converting a retail space into a restaurant may require new health department approvals or a conditional use permit.
Your real estate lawyer can review local ordinances, apply for variances or conditional use permits, negotiate lease terms, and ensure compliance with environmental regulations tied to the property.
Construction-Related Claims Are on the Table
Poor workmanship. Delays. Code violations. These are the kinds of problems that can derail your real estate project and your budget. A real estate lawyer can review the construction contract, bring in qualified inspectors or experts, and pursue or defend claims through negotiation or litigation.
Working with a trusted real estate legal firm helps address problems before they interrupt a deal or resolve them quickly when they do. With the right legal guidance, you’re in a better position to move forward without unnecessary delays or risk.
California-Specific Real Estate Laws
California has some of the nation’s most detailed and consumer-focused real estate laws. Understanding these laws—and staying compliant—requires more than general knowledge.
Disclosure Requirements
Sellers in California must disclose material facts that affect a property’s value or desirability. According to California Civil Code §1102, this includes:
- Structural defects
- Past flooding, fires, or natural hazards
- Neighborhood nuisances
- Repairs or improvements made without permits
Failure to disclose can lead to lawsuits and rescission of the sale. Real estate attorneys assist sellers in preparing accurate disclosure forms and help buyers evaluate the information provided.
Tenant Protection and Eviction Laws
California has enacted extensive protections for tenants, including:
- Rent control ordinances (local). Many cities, like Los Angeles, limit annual rent increases and outline strict eviction procedures.
- Statewide Just Cause eviction law. Landlords must have a legal reason to terminate tenancies longer than 12 months.
- Tenant Protection Act of 2019. Limits rent increases and requires relocation assistance in some cases.
Real estate attorneys guide landlords and tenants through lease disputes, unlawful detainers, and compliance with notice requirements.
Zoning and Land Use Laws
Zoning and land use laws in California require that real estate development follow local zoning ordinances. These rules determine:
- What types of structures can be built
- How land may be used (residential, commercial, industrial)
- Setbacks, height restrictions, and parking minimums
Attorneys help property owners understand zoning rules, apply for variances, and respond to code enforcement actions. They also assist developers with California Environmental Quality Act (CEQA) reviews and public hearings.
Why Choose Marinaccio Law for Real Estate Legal Services?
At Marinaccio Law, real estate is our primary practice area. We represent clients across California in residential, commercial, and investment-related matters. Reasons to choose our firm include:
- Proven experience. Our legal team has handled various real estate matters across the state, including transactions, development projects, and high-level litigation. We understand the nuances of California property law and know how to navigate county-specific regulations.
- Personalized legal strategies. Every property and client situation is different. We craft legal strategies based on your goals—whether that’s resolving a title issue quickly, enforcing lease terms, or structuring a problem-free transaction.
- Strong litigation background. While many disputes are settled outside of court, we prepare each case with a litigation mindset. If a matter goes to trial, our team is ready to defend your interests in the courtroom.
- Client-focused approach. We believe in building strong relationships with clients. You’ll receive clear communication, practical advice, and a legal plan of action that protects your rights and long-term investments.
Get Legal Support That Moves Your Deal Forward
Buying, selling, leasing, or developing property in California comes with more than a price tag. Each decision is tied to state laws, local regulations, and contract terms that can carry long-term consequences if mishandled.
A real estate attorney helps manage those risks by reviewing documents, clarifying legal obligations, and stepping in when deals fall apart or disputes arise. Marinaccio Law provides direct, experienced legal support for clients in residential and commercial real estate matters.
Whether planning your next investment or responding to an unexpected issue, contact us today for the legal guidance you need.
