I recently caught up with Robert Adler, founder of Adler Law and one of our area's most experienced real estate attorneys. With over 37 years of legal practice, Rob has seen just about every property-related legal challenge imaginable. I asked him to share the most common pitfalls he sees homeowners encounter, and his insights were too valuable not to pass along.
1. Unclear Property Boundaries
Property line disputes are far more common than most people realize, Rob explained as we discussed common issues. What happens when your new fence project reveals that property lines don't match what you thought you purchased?
How to avoid it: Always review the property survey before purchasing. If one doesn't exist or is outdated, consider investing in a new survey. The few hundred dollars spent upfront could save thousands in legal fees later.
2. Disclosure Oversights
California law requires sellers to disclose known material facts that might affect a property's value. Failing to mention that leaky roof or the neighbor's ongoing construction project can lead to serious legal troubles after closing.
How to avoid it: Sellers should err on the side of over-disclosure. Buyers should ask specific questions about potential issues and get answers in writing. A thorough home inspection can also uncover problems the seller might have forgotten to mention.
3. HOA Documentation Surprises
Nothing ruins the excitement of moving into a new community like discovering HOA rules that severely restrict your plans for the property.
How to avoid it: Buyers should request and carefully review all HOA documents during the inspection period. Pay special attention to recent meeting minutes, which often reveal upcoming special assessments or rule changes not yet formally documented.
4. Construction Defect Issues
Newly built or recently renovated properties can hide construction issues that only become apparent months after purchase.
How to avoid it: Always hire specialized inspectors for new construction. Consider including a builder's warranty in your purchase agreement, and research the builder's reputation thoroughly.
5. Murky Title Issues
From undisclosed liens to forgotten easements, title problems can emerge years after purchase and threaten your ownership rights.
How to avoid it: Never skip on title insurance. Review the preliminary title report carefully with a professional who can explain all exceptions and potential red flags.
Legal Knowledge is Preventative Medicine
The best legal work happens before problems arise, Rob emphasized during our conversation. By the time most homeowners come to see me, they're already in a difficult situation that could have been prevented with proper guidance earlier.
In my experience, homeowners who understand these common legal pitfalls make more informed decisions throughout the buying and selling process. Taking preventative steps might seem like extra work, but it's far easier than resolving issues after they've become problems.
When to Seek Professional Guidance
If you're facing any of these issues or want to ensure your next real estate transaction goes smoothly, I highly recommend reaching out to Rob Adler and his team at Adler Law. They offer free 20-minute consultations and can provide expert guidance that might save you from costly legal headaches down the road.
Contact Adler Law at (818) 960-1099 or visit www.adlerlaw.org to schedule a consultation.
Dana Olmes and Jeff Biebuyck are the powerhouse duo behind the Frontgate Real Estate Team at Compass, consistently ranking in the top 1% of agents nationwide. Renowned for their integrity, market expertise, and strategic approach, they have built a reputation as trusted advisors to an elite clientele, including corporate executives, attorneys, celebrities, and entertainment industry professionals. Their unmatched negotiation skills and innovative marketing strategies have made them industry leaders, with the majority of their business driven by referrals and repeat clients. With over 40 years of combined experience, Dana’s extensive real estate background and Jeff’s expertise in engineering, music, and film—along with his leadership in prop-tech innovation—position them at the cutting edge of luxury real estate. Their deep connections and specialized focus on Sports & Entertainment clientele further solidify their status as premier agents in Southern California’s competitive market.
