Legal Question in Real Estate Law in California
Sale of vacant land
My father, a resident of CA, is selling vacant land, located in OR,to a buyer, who currently resides in CA but plans to move up to OR. Two questions: Should he be using an Oregon Real Estate Contract for the Sale of Land or CA one (since it is being executed in CA)? To provide the buyer assurances that no liens are against the property, what form/document/procedure should be used/followed?
Thank you in advance for your assistance.
2 Answers from Attorneys
Re: Sale of vacant land
Come on now, if you were selling property in Afghanistan would use in Afghanistan deed or a California deed. A deed in the state in which the property is located. Now understanding by you really don't know anything about which DT use you better understand you don't know anything about the real estate transaction. Don't get screwed. Don't do it yourself. Hire someone who is a real estate expert to aid you in this kind of transaction. Believe me there is much more to it than meets the eye, and which particular deed to use is just one little speck of sand on the beach.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000. have had for years or again landowners who I have represented in giving legal advice as the sale of their property in their real estate developments.
Re: Sale of vacant land
(1) Generally it is safer to use forms designed for use in the jurisdiction where the property is located. Use of a form designed for use in another state probably wouldn't invalidate the transaction, but there is an increased risk.
(2) Since the real property is located in Oregon, its laws would govern the making, legal interpretation and enforcement of deed warranties.
Under the laws of California, use of a form calling itself a "grant deed" gives the grantee a package of warranties from the grantor. Other states probably have similar laws; I note that many use the term "warranty deed." As a California lawyer I can't give specific advice for other states, but I think I can say that the buyer should seek local legal advice and obtain title insurance. The seller perhaps may need local (Oregon) legal advice before signing a grant or warranty deed or any collateral guarantees outside the deed if the seller has any real doubts about his title.