Real Estate and Property Rentals
The term “real estate law” covers a broad area of the law. I focus on matters involving the purchase and sale of residences, lots and commercial property; the contractual relationships between the parties; and the rights and responsibilities of the parties with their real estate agent and vice versa.
Real Estate: A real estate purchase contract is like any other agreement, although often presented in a pre-printed standard form, prior to being signed, it is subject to negotiation and modification. Most contracts set forth important rights and responsibilities for each of the parties. These should be fully understood prior to execution. I will review prospective purchase contracts with you, explain all of the terms, and suggest possible modifications as warranted. If needed, I will represent you in ongoing negotiations for favorable terms and will oversee the compliance with the agreement during the escrow period. On the other end, if a party feels that there has been a breach of the agreement, I will offer an expert evaluation of your position and how to address any claims.
Similarly, as between a buyer or seller, and their real estate agent, important rights and responsibilities exist for the parties, even beyond the explicit terms set forth in the listing agreement or other explicit written agreements between the real estate agent and the client. For instance, certain fiduciary responsibilities arise that may need to be evaluated in addressing claims. Regardless of whether you are a client or a real estate agent, I can protect your interests. The bottom line is that real estate brokers and their agents can run into issues with their clients. Buying and selling homes and land can be a stressful event. Quickly addressing disputes can minimize or eliminate potentially expensive problems in this area.
Rentals: Anyone who has taken the time to read a rental agreement, particularly a commercial property rental agreement, understands that there are a lot of terms that should be fully comprehended in order to avoid future problems. Prior to signing a rental agreement, a tenant has a unique opportunity to negotiate more favorable terms, particularly a commercial lease. I can assist in reviewing your lease and negotiating terms.
A rather unique situation becoming more prevalent in the current market is leases of homes with an option to purchase for the tenants. These can easily be incorrectly drafted, raising the prospect of costly problems arising. I can help parties address those issues upfront.
Forcible detainers or special detainer eviction actions are characterized by unique legal procedures that require strict adherence to be effective. I can assist you if you need to initiate an action or if you are involved in an action.