Legal Question in Real Estate Law in California

Re: owner not on lease

When a third party (such as yourself) makes a contract (such as a lease) with someone who does not disclose that he is acting as an agent for the true owner/principal, the contract is nonetheless usually valid and enforceable against the third party unless: (1) the contract calls for the performance of personal services; or (2) the third party has a valid reason for not wanting to do business with this particular principal (prior animosity, etc.).

I think it is quite common for property owners to use agents and managers to lease and manage property they own semi-anonymously.

Re: owner not on lease

If he has authority to sign on behalf of the owner, it probably is a binding contract. He is saying that he is the owner, just not the recorded owner. Recording is to protect the owner and potential buyers, not to be a technicality to try to get out of a lease. If you do not want to lease the property go to the owner now and see if you can work out a deal for him to lease to someone else before the terms of your lease would start so that he has no or small damages. Your only argument might be that you are not sure that the money is going to the right person and he should give you something signed by the cousin supporting the broker's position.