Before completing the purchase or sale of real estate, it is in your best interest to retain an attorney who understands the complexities of real estate law to review your purchase or sale agreement. This is even more important when your broker is representing both sides of the transaction, or if you are buying or selling property without a broker. David R. Fischer, an experienced real estate attorney and a licenced real estate broker will review your contract with your best interests in mind.
Once your transaction is in escrow, our firm can help you navigate the maze of documents presented by the title company, and review your Preliminary Title Report and other title documents. Not only does David R. Fischer have considerable experience with very complex real estate transactions, he has had hands-on experience working for a title company.
Purchases and sales are not the only time it is in your best interest to have a legal expert review your documents. Having a real estate attorney conduct a lease review, whether you are the owner or the tenant, can be crucial in preserving your interests.
The purchase or sale of property is probably one the most important transactions you will ever make. A real estate agent or broker can help you locate a property or buyer, but California law prevents them from doing little more than checking boxes on a preprinted contract, and absolutely prohibits them from giving legal advice. Consulting a real estate attorney early in the process who can explain all of the legal issues related to your specific situation, may keep you from making costly mistakes.
However, if you have already negotiated a deal, our firm can prepare the purchase agreement, conveyance deed, or parent/child transfer. We are also happy to draft amendments to pre-printed forms and clauses to ensure all your interests are protected.
Once your transaction is in escrow we can perform a preliminary title report review. We can explain any confusing documents, and suggest remedies to title problems and other unexpected title issues that could halt or delay your closing.
A routine part of our firm’s services includes commercial lease negotiations, lease drafting, as well as, lease review. Before entering into a lease, whether you are a commercial landlord or business tenant, it is important to have a qualified real estate attorney's input in the negotiation, drafting and final review of a commercial lease. Commercial leases, be it a retail, office, industrial, or mixed-use lease, contain terms not found in residential leases. They are more often complex and are often subject to more negotiations. Some terms that require special negotiation include tenant improvements and provisions for terminating the lease if the tenant cannot obtain permits within a specified period of time, common area maintenance charges, and who is responsible for repairs and maintenance.
The drafting of commercial leases is a large part of our practice. Not only are we familiar with the most common forms available, we also have drafted many leases "from scratch" when a standard form will not fit a particular situation. A strong and well-crafted lease can protect the interests of both the landlord and tenant and help prevent future disputes and litigation.
When an escrow is opened the title company will issue a "Preliminary Report" (commonly referred to as a "Preliminary Title Report"). One of the most important steps in a property transfer is the careful review of this report by an attorney. Included as part of the preliminary title report is a summary of liens, easements, and other recorded documents that will restrict your use of the property such as covenants, conditions and restrictions (CC&RS). This summary represents pages and pages of documents and unless requested, a title company will not provide you with copies. Our skilled real estate law firm can conduct a review of your Preliminary Title Report and advise you of where there may be problems that will affect your ownership rights if you acquire the property. Before closing we can help you remove problems found during the review.
