Category Archives: Real Estate

Winning Punitive Damages When Defendant Defaults

  • Jul 18 2018

Lawsuits in real estate transfers can include breach of contract allegations, and also fraud allegations if the seller failed to properly disclose defects in the purchased residence. The residential purchase agreement includes a separate form called Transfer Disclosure Statement (“TDS”). This form is required to disclose any known defects in a residential property containing up to four dwelling units. Civil Code section 1102 obligates the seller to disclose the condition of the property. The...

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Top 3 Real Estate Tips for Small Businesses

  • Feb 22 2017

By: Roy Schneider, Esq.  The only real estate transaction most small businesses engage in is to enter into a lease for commercial space. Whether you are considering office, manufacturing or retail space, the following three tips will help you navigate the negotiation process so you can avoid costly mistakes. “Base Rent” is Not the Only Rent You Will Pay Most prospective tenants focus their negotiation efforts on the “base rent,” the fixed monthly amount...

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Buying Property? Consider How to Hold Title

  • Jan 10 2017

By: Ted Schneider, Esq. You are purchasing a home, and the escrow officer asks, “How do you want to hold title to the property?” In the context of your overall home purchase, this may seem like a small, inconsequential detail; however, this decision is far from trivial. A property can be owned by the same people, yet the way title is held can drastically affect each owner’s rights during their lifetime and upon their...

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Win Your Real Estate Lawsuit With Interlocutory Judgment

  • Nov 1 2016

It’s not unusual for family relatives to co-own real estate: parents leave the family home to all their offspring as investment property, or siblings pool their inheritance from a deceased parent and purchase investment property. But then time passes, and eventually, there will be a sibling who does not wish to co-own property with her siblings any more. Or one of the co-owners is unable or unwilling to contribute financially to upkeep, taxes or...

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Forming an LLC to Purchase Real Estate

  • Aug 31 2016

By: Ted Schneider, Esq. Ownership of real property is a risky business. There are many ways in which users of real property can become injured, from tenants falling down stairs, injuries from construction equipment, or even an entire building collapsing from natural forces or faulty construction. Landowners often become defendants in lawsuits claiming damages from the use of their property. Because of the inherent risks of owning real property, owners limit that risk by...

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Common Area Expenses in Commercial Leases

  • Oct 1 2014

By Theodore J. Schneider, Esq. There are three primary different types of commercial leases: gross leases, modified gross leases and net leases.  One variation of the net lease is a “triple net” lease, in which the tenant is liable for a net amount of property taxes, insurance and common area maintenance relating to the property they are possessing.  Most of the time, additional fees in the form of common area maintenance expenses come up...

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Overview of the Ways to Hold Title to Property

  • Feb 14 2014

  By Roy Schneider, Esq. You are purchasing a home, and the escrow officer asks, “How do you want to hold title to the property?” In the context of your overall home purchase, this may seem like a small, inconsequential detail; however nothing could be further from the truth. A property can be owned by the same people, yet the manner in which title is held can drastically affect each owner’s rights during their...

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The Risks of Tenant-in-Common Investments

  • Feb 11 2014

By Roy Schneider, Esq. Historically, tenant in common (TIC) projects were owned by a relatively small group of investors who knew each other, such as long-time friends, business partners or family members. Strategies to maximize tax savings and preserve equity typically guided investors to this type of structure, rather than creating a limited liability company or partnership to own the property. In the late 1990s, real estate sales in the form of tax-deferred 1031...

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Top 3 Real Estate Tips for Small Businesses

  • Jan 7 2014

By Ted J. Schneider, Esq. The only real estate transaction most small businesses engage in is to enter into a lease for commercial space.  Whether you are considering office, manufacturing or retail space, the following three tips will help you navigate the negotiation process so you can avoid costly mistakes. “Base Rent” is Not the Only Rent You Will Pay Most prospective tenants focus their negotiation efforts on the “base rent,” the fixed monthly...

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New Lease Rules

  • Jan 1 2014

Effective July 1, 2013, commercial leases and rental agreements will need to contain a statement by the landlord as to whether the commercial property being leased or rented has undergone an inspection by a Certified Access Specialist. If the property has undergone such an inspection, the disclosure must state whether the property has or has not been determined to meet all applicable statutory construction-related accessibility standards. Civ. Code, § 1938In addition, commencing July 1,...

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