Legal Updates in Real Estate

When Are Sellers Exempt From Certain Disclosures in California Real Estate?

August 25, 2025
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California law requires real estate sellers to disclose known material facts about their property, even when certain exemptions apply. While some sellers—like trustees, fiduciaries, or those involved in court-ordered sales—may be exempt from completing forms such as the Transfer Disclosure Statement (TDS), they are still obligated to disclose any defects that could impact the property’s value. Learn how exemptions work, when they apply, and why tools like the Exempt Seller Disclosure Form are essential for compliance. For trustees, explore our detailed guide to their specific disclosure requirements. Whether you’re selling in Newport Beach, Costa Mesa, or other coastal Orange County communities, Lucas Real Estate ensures your transaction is smooth, compliant, and stress-free.

What Happens When a Tenant Moves Out Early? A Landlord’s Guide in California

August 25, 2025
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What happens when a tenant moves out before their lease ends? In California, tenants remain responsible for unpaid rent and re-rental costs—but landlords must make reasonable efforts to find a replacement rather than simply charging the tenant for the full lease term. Under California Civil Code § 1951.2, landlords have a legal duty to mitigate damages by advertising the property, setting a fair market rent, and considering qualified replacement tenants. If a landlord rejects a viable tenant without good reason, the outgoing tenant’s liability may be reduced. A proactive approach can minimize downtime and financial loss for both parties.

The So-Called “Mansion Tax” — How It Negatively Impacts Real Estate

July 14, 2025
devinlucas

Los Angeles’ so-called “Mansion Tax” isn’t just a L.A. problem—it’s a warning shot for property owners across Orange County. Branded as a luxury tax, Measure ULA has stalled high-value transactions, slashed property tax revenues, and deterred housing development. As similar ideas loom statewide, Newport Beach and Costa Mesa property owners, investors, and trustees need to stay informed—and protected.

Why You Shouldn’t Leave a Deceased Parent’s Home in Their Trust to “Avoid” Property Tax Reassessment

July 14, 2025
devinlucas

Thinking of keeping a deceased parent’s home in their trust to “avoid” reassessment? Don’t do it. This common myth can lead to massive tax bills, penalties, title issues, and even trustee liability. At Lucas Real Estate Group, we help clients across Newport Beach, Costa Mesa, and Orange County navigate property transfers, Proposition 19, and trust administration — the right way.

What the 2025 Federal Tax Reform Means for Homeowners (aka The Big Beautiful Bill’s Impact on Real Estate)

July 14, 2025
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The 2025 federal tax reform delivers major wins for homeowners, investors, and business owners — from increased SALT deductions and permanent mortgage interest deductions to restored bonus depreciation and preserved 1031 exchanges. But despite these changes, key homeowner benefits like the capital gains exclusion remain unchanged since 1997, fueling ongoing calls for reform. At Lucas Real Estate Group, we break down what this means for Newport Beach, Costa Mesa, and coastal Orange County property owners.

Can I Sell My House To My Child (Or Anyone) Below Fair Market Value? / Can I Do A Gift Of Equity?

May 25, 2025
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Can I Sell My House to My Child Below Fair Market Value?

Yes — and in fact, many families are doing exactly that using a strategy called a gift of equity. This powerful estate planning tool allows parents to sell a home to a child at a discounted price, gifting the difference — often with no immediate tax consequences. But there are critical rules to follow regarding IRS gift limits, capital gains, property tax reassessment under Prop 19, and proper loan structuring if financing is involved.

Whether you’re in Newport Beach, Costa Mesa, or anywhere in coastal Orange County, this guide breaks down everything you need to know — including real-world examples, IRS rules, and expert insights from Lucas Real Estate.

Can You Still Avoid Reassessment After Prop 19? Exploring the “Prop 19 LLC Workaround”

May 23, 2025
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Explore a potential Prop 19 loophole using LLCs to preserve low property tax assessments in California. This detailed guide from Newport Beach-based Lucas Real Estate Group explains the Prop 19 workaround, risks of reassessment, and key legal strategies—including how to avoid triggering reassessment through careful entity structuring. Essential reading for families navigating generational real estate planning in high-value areas.

Using California Proposition 19 in Divorce: Who Gets the Property Tax Transfer?

May 23, 2025
devinlucas

Navigating divorce is difficult enough—don’t let California Proposition 19 add to the confusion. Learn how property tax base transfers work under Prop 19 when divorcing spouses own a shared residence. Only one spouse can claim the tax benefit, but the claim form doesn’t ask about divorce—making it essential to plan ahead and document who gets to use it. Lucas Real Estate Group breaks down the rules, risks, and best practices to help you protect your financial future.

Can You 1031 Exchange Out of an LLC That Owns Real Estate? Not Directly — But There Are Workarounds

May 22, 2025
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Think you can do a 1031 exchange with an LLC interest? Not so fast.
Many investors are surprised to learn that LLC membership interests are excluded from 1031 exchange eligibility under IRS rules. But with proper planning—like “drop and swap” strategies and other structuring techniques—you may still be able to defer taxes. In this article, we break down the risks, workarounds, and best practices for LLC-held real estate in high-value markets like Newport Beach.

Real Estate Professional Tax Status: Maximize Tax Benefits in Newport Beach & Orange County

May 22, 2025
devinlucas

If you own rental property in Newport Beach, Costa Mesa, or coastal Orange County—or if you’re a high-income earner looking for strategic tax savings—qualifying as a Real Estate Professional under IRS rules could unlock major benefits. From deducting real estate losses against your W-2 income to avoiding the 3.8% Medicare tax on rental profits, REP status can significantly reduce your tax liability. But strict documentation and time-based tests apply, and California doesn’t follow the same rules. Learn what qualifies, what doesn’t, and how to stay compliant in this essential guide.

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