REAL ESTATE

PROTECTING YOUR INTERESTS IN REAL ESTATE TRANSACTIONS

Because of the large scope of legal services that are included in the terms “real estate” and “real property”, it is important to focus on matching your particular needs to the lawyer used. These terms can include legal services relating to:

  • Sale transactions
  • Clearing the title
  • Commercial leasing
  • Property development
  • Environmental conditions
  • Land use issues
  • Landlord/tenant issues
  • Easements and other property restrictions
  • Condo development and management

Most law firms work only in a few of the different real estate areas. Our Firm focuses on the following:

  • Purchase and sale of real property
  • Commercial leases
  • Interrelated areas such as brokering, escrows and title insurance

In some cases, attorney Colley’s California real estate broker license can be helpful.

Clear Title

Read your preliminary real property title policy well in advance of closing on your real estate purchase. Contact the title company if it is slow in providing the report so you will have the time to clear up any problems. Some of the problems might, for example, be easements or incorrect legal descriptions.

Americans With Disabilities Act

This law and other similar statutes affect the physical arrangement of your facilities and also how disabled persons are treated regarding employment. Although there are provisions in the law that allow deferral of many of the access requirements, this is an area where you should consider hiring a specialized consulting firm, which should at the very least conduct a survey of the facility for compliance issues. These issues can arise for both buyers, landlords and tenants.

Legal and Financial Issues Addressed In Purchase Agreements

The following are some of the miscellaneous items that should be addressed in a real estate purchase agreement:

  • Seller disclosure of property conditions
  • Checking for conditional use permits for the business or practice that operated at the facility
  • Hazardous waste search (then progressing to a Phase I and II test if needed)
  • Checking for any likely government taking of your street or yards
  • Compliance with the Americans with Disabilities Act requirements
  • Indemnity provisions
  • Prevailing party legal fee recovery provisions
  • Contingencies on key issues such as appraisal, loan approval, condition inspections, etc.
  • Buyer’s thorough inspections