Legal Question in Real Estate Law in California

Can a realtor and homeowner try to sell their house and property ask commercial if the city has it zoned residential


Asked on 10/24/15, 7:51 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It would be wiser to advertise the exact zoning classification, e.g. "R4" rather than to characterize it as just "residential" or "commercial." Among the reasons are that some residential zones also allow limited commercial use, such as home businesses or neighborhood stores. However, I'd also add that if the zoning truly prohibits all commercial uses, then advertising it as "commercial" is improper and probably fraudulent if the person doing the advertising has a duty to investigate, as would a licensed real estate salesperson.

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Answered on 10/25/15, 9:57 am


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