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Understanding FIRPTA: When Foreign Sellers Face Withholding Requirements

March 18, 2025 | By
hen Foreign Sellers Face Withholding Requirements

The Foreign Investment in Real Property Tax Act (FIRPTA) requires buyers of U.S. real property interests from foreign sellers to withhold a portion of the purchase price and remit it to the Internal Revenue Service (IRS). This ensures that foreign sellers pay any applicable taxes on gains from U.S. property sales.

What Is FIRPTA Withholding?

Under FIRPTA, buyers must withhold 15% of the purchase price when acquiring U.S. real property from a foreign seller. The withheld amount is credited toward the seller’s potential tax obligations when they file a U.S. tax return.

Who Is Considered a Foreign Person?

FIRPTA applies only when the seller is classified as a foreign person, which includes:

  • Nonresident aliens
  • Foreign corporations that have not elected to be treated as domestic corporations
  • Foreign partnerships, trusts, or
…
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Posted In: Blog, Real Estate Transactions

Understanding Failure to Disclose Claims in California Real Estate Transactions

March 1, 2025 | By
Failure to Disclose Claims in California Real Estate Transactions

Failure to disclose material defects is a leading cause of real estate litigation in California. Homebuyers, often pressured by a highly competitive market and required to submit contingency-free offers, frequently discover hidden defects only after the transaction is complete. When sellers or real estate agents fail to disclose known material issues that affect a property’s value or desirability, buyers may have legal recourse.

At Vokshori Law Group, we handle failure-to-disclose cases, representing both buyers and sellers in these complex disputes. This blog article provides an in-depth discussion of seller disclosure obligations, legal claims, potential defenses, and strategies for resolving these cases through litigation or mediation.

Seller Disclosure Obligations in California

California law requires sellers of residential property to provide prospective buyers with a Transfer Disclosure Statement (TDS) and …

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Posted In: Blog, Failure to Disclose and Real Estate Litigation, Neighbor Disputes

California’s Good Neighbor Fence Law: Your Rights, Responsibilities & How to Avoid Disputes

February 14, 2025 | By
Failure to Disclose Claims in California Real Estate Transactions

Fences often spark disputes between neighbors due to boundary line confusion, privacy concerns, or maintenance costs. Fortunately, California Civil Code §841, also known as the California Good Neighbor Fence Law, provides guidance on handling these issues.

What Is the California Good Neighbor Fence Law?

Under the California Good Neighbor Fence Law, fences that sit on a property boundary line are presumed to be shared structures, meaning both property owners are equally responsible for their upkeep and expenses unless agreed otherwise.

Key provisions of the law include:

  • Equal Cost Sharing: Both neighbors must contribute equally to the costs of installation, maintenance, and repairs unless a prior agreement states otherwise.
  • Written Notice Requirement: A property owner planning to build or repair a shared fence must notify their neighbor at least 30
…
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Posted In: Blog, Neighbor Disputes

California Homeowners Gain More Time Under New Foreclosure Law in 2025

January 30, 2025 | By
California Homeowners Gain More Time Under New Foreclosure Law in 2025

On January 1, 2025, a new law in California came into effect, offering critical protections to homeowners facing foreclosure. This legislation provides additional time for homeowners to sell their property and avoid losing it to foreclosure. Specifically, the law grants a 45-day extension for homeowners who sign a listing agreement with a licensed real estate agent, with an additional 45-day extension if the property goes into escrow. Here’s what you need to know about this important change and how it could help you or someone you know.

How the Law Works

The new law aims to give homeowners in distress more breathing room to sell their properties on the open market rather than losing them to foreclosure auctions, which often result in lower sales prices and devastating financial consequences.

  1. Listing
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Posted In: Client Resources, Foreclosure

How to Avoid Probate for People Who Own Real Property

January 28, 2025 | By

Avoiding probate costs, which typically range between 4% and 7% of your California estate’s value, should be a top priority when creating an estate plan. A California real estate attorney can help streamline this process, ensuring smoother and less expensive estate transfers. Below are some key strategies that can help avoid probate and protect your assets.

Use Transfer-on-Death Deeds

Transfer-on-Death (TOD) deeds are one of the simplest ways to transfer real property to a beneficiary without probate. These deeds allow property to automatically pass to a named beneficiary upon the owner’s death. California law recognizes TOD deeds, but they must meet specific requirements to be valid:

  • The deed must be signed, notarized, and recorded with the county recorder’s office before the owner’s death.
  • TOD deeds are revocable during the
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Posted In: Estate Planning

Civil Lawsuit Deadlines You Need to Know

January 15, 2025 | By

If you are involved in a legal dispute, you may be considering whether to escalate the matter to litigation. If you decide to pursue a civil action, it is important to understand the array of deadlines associated with civil litigation proceedings in California. The information below provides a general overview of the amount of time available to pursue a legal action, in addition to applicable deadlines for filing a civil lawsuit and engaging in the discovery process.

Statute of Limitations (i.e. Amount of Time to Pursue a Civil Action)

  • Lawsuit Against a Public Entity (City, County, Municipality, etc.): Must file a claim within 6 months. If your claim is rejected, you have another 6 months to file a lawsuit. See Cal. Gov Code 910, 910.2, 911.2, 911.4. Please note
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Posted In: Blog, Civil Procedure

Mediation and the CAR Residential Purchase Agreement: A Comprehensive Guide for Homeowners, Buyers, and Attorneys

December 11, 2024 | By
Mediation and the CAR Residential Purchase Agreement (1)

Disputes in California real estate transactions can arise from a variety of issues, ranging from earnest money deposit disagreements to undisclosed property defects. When these conflicts occur, the California Association of Realtors (CAR) Residential Purchase Agreement (RPA) provides an important step for resolution: mediation. This process, designed to avoid litigation, is not only efficient and cost-effective but also a prerequisite for recovering prevailing-party attorney’s fees in most disputes.

Here’s what you need to know about mediation, how it works, and why it’s an effective tool for resolving real estate disputes.

Why Mediation Is Required

Under the CAR RPA, buyers and sellers must attempt mediation before pursuing litigation or arbitration if they want to retain the right to recover attorney’s fees. Skipping this step or failing to engage in good faith …

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Posted In: Blog, Client Resources, Real Estate Litigation

Quiet Title Actions in California: Resolving Property Ownership Disputes

December 5, 2024 | By

A quiet title action is a powerful legal tool used in California to resolve disputes over real property ownership or to clarify rights to a property. Governed by the California Code of Civil Procedure §§ 760.010 to 764.080, quiet title actions are typically pursued when adverse claims cloud a property’s title. These disputes, if left unresolved, can hinder sales, refinancing, or transfers of property.

This article provides an overview of quiet title actions, common scenarios requiring one, and a step-by-step guide to initiating and resolving these actions.

When Is a Quiet Title Action Appropriate?

Quiet title actions may be necessary in various circumstances, including:

  • Boundary disputes: Disagreements about property lines or encroachments.
  • Fraudulent conveyances: Claims involving forged deeds or transfers made under false pretenses.
  • Adverse possession claims: Situations where
…
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Posted In: Blog, Real Estate Litigation

Comprehensive Asset Protection Strategies: Safeguarding Wealth for the Elderly and Beyond

November 7, 2024 | By
property ownership dispute attorney

Asset protection is a crucial aspect of financial planning, especially for individuals with substantial holdings, those in high-liability professions, and elderly individuals aiming to preserve their legacy. Effective asset protection involves structuring asset ownership to shield it from potential creditors, ensure financial security, and maintain wealth across generations. This comprehensive guide synthesizes key insights from experts, including a recent webinar led by Jacob Stein, Esq., managing partner at Aliant, LLP, to provide practical strategies for safeguarding assets through legal means.

Understanding Asset Protection

Asset protection is about creating legal structures that make it costly, uncertain, and time-consuming for creditors to access your assets. Contrary to common misconceptions, legitimate asset protection does not involve hiding assets or evading taxes but rather organizing ownership to minimize vulnerability to financial claims while adhering …

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Posted In: Blog, Estate Planning

Understanding the Case Management Conference

October 18, 2024 | By

Entering into litigation can be overwhelming, especially if it’s your first time navigating the legal system. One of the initial steps in a lawsuit is the Case Management Conference (CMC). If you’ve recently been informed about an upcoming CMC in your litigation matter, this guide is here to help you understand what it entails and how it affects your case.

What is a Case Management Conference (CMC)?

A Case Management Conference is a hearing scheduled by the court shortly after a lawsuit has been filed. Its primary purpose is to help the court manage the case efficiently by discussing:

  • The status of pleadings and whether any amendments are needed.
  • Jurisdiction and venue challenges.
  • Discovery schedules and motions.
  • Settlement options or alternative dispute resolution methods.
  • Any other matters that may facilitate
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Posted In: Blog, Real Estate Litigation

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