Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

An easement is a property right providing the holder of the right an interest in the land of another individual. These types of rights have an influence on various kinds of real estate transactions. In some cases, a real estate dispute may erupt in Los Angeles or in another California city over an easement. An example of a living situation involving an easement is if the only way to get to one’s home is through a driveway that crosses a neighbor’s property. An easement is typically created through conveyance in a property deed or in another type of document — for example, a contract or will. Creating an easement usually requires an instrument that is written, a signature and then the appropriate delivery of such a document. Following the creation of an easement, questions usually crop up about the scope of the easement, its location or its dimensions. The questions have to be addressed case by case, being affected by how the easement was created. If the written documents that created easements are incomplete or vague, thus leading to imprecise inferences based on the prior use of the properties, courts must be relied on to construe the intent of those produced the written documents. Many people in Los Angeles and elsewhere in California do not understand easements. For this reason, legal problems involving the drafting as well as the interpretation and implementation of documents related to easements may arise. It is within people’s rights to seek their best interests when a real estate dispute involving an easement leads to a lawsuit in the Golden State. Source: findlaw.com, “ Easement Basics “, Accessed on Feb. 1, 2017

Managing property is no easy task. The list of things for which you are responsible is long and complex. Not only do you deal with building maintenance, but you may also be required to vet tenants and keep the books. You need a good understanding of landlord-tenant laws and the ability to handle people in tense situations. Needless to say, hardly a day goes by without some kind of problem. It probably doesn’t surprise you to know that other property managers deal with similar problems. While some issues may arise without warning, you can probably avoid or mitigate many others with careful planning. The physical property Some of the most common and costly difficulties include repairs and maintenance. Buildings and property infrastructure need constant attention to avoid sudden disasters like bursting pipes or leaking roofs. However, other costly repairs may be the result of destructive or negligent tenants. Repairing holes in the walls or replacing stained carpeting can put a dent in your maintenance budget. You may be able to reduce the strain on your finances if you plan ahead. For example, you may consider these options: Build a reserve account to cover unexpected repairs Create and sustain a preventative-maintenance plan Establish a security deposit fee that is sufficient to cover damage left by tenants Carefully screen tenants to avoid costly repairs in the first place You may not be able to prevent every surprise expense, but planning for predictable expenses may relieve some stress. Problems with tenants In addition to property, you likely deal with tenants. Residents who don’t pay on time may be the most frustrating problem a property manager encounters. Experienced property managers suggest using automatic debit withdrawals and even offering rent discounts to tenants who consistently pay on time. While you may have quiet, respectful renters, you probably have several who make your work difficult with their many complaints. No matter the reason for the complaints, handling them immediately is usually the best practice. It may also help to establish a set procedure for tenants to use when filing complaints so that frivolous gripes can be kept to a minimum. Advice you can depend on Sometimes these conflicts start small and escalate to costly litigation. Taking advantage of legal counsel early in a situation may help you avoid getting into circumstances that are over your head. An attorney with years of experience assisting property managers and owners can also assist you with rent collection issues and rental documents. With a lawyer on your side, you can have confidence in the sound advice you receive for any issue related to your job managing property.

Managing property is no easy task. The list of things for which you are responsible is long and complex. Not only do you deal with building maintenance, but you may also be required to vet tenants and keep the books. You need a good understanding of landlord-tenant laws and the ability to handle people in tense situations. Needless to say, hardly a day goes by without some kind of problem. It probably doesn’t surprise you to know that other property managers deal with similar problems. While some issues may arise without warning, you can probably avoid or mitigate many others with careful planning. The physical property Some of the most common and costly difficulties include repairs and maintenance. Buildings and property infrastructure need constant attention to avoid sudden disasters like bursting pipes or leaking roofs. However, other costly repairs may be the result of destructive or negligent tenants. Repairing holes in the walls or replacing stained carpeting can put a dent in your maintenance budget. You may be able to reduce the strain on your finances if you plan ahead. For example, you may consider these options: Build a reserve account to cover unexpected repairs Create and sustain a preventative-maintenance plan Establish a security deposit fee that is sufficient to cover damage left by tenants Carefully screen tenants to avoid costly repairs in the first place You may not be able to prevent every surprise expense, but planning for predictable expenses may relieve some stress. Problems with tenants In addition to property, you likely deal with tenants. Residents who don’t pay on time may be the most frustrating problem a property manager encounters. Experienced property managers suggest using automatic debit withdrawals and even offering rent discounts to tenants who consistently pay on time. While you may have quiet, respectful renters, you probably have several who make your work difficult with their many complaints. No matter the reason for the complaints, handling them immediately is usually the best practice. It may also help to establish a set procedure for tenants to use when filing complaints so that frivolous gripes can be kept to a minimum. Advice you can depend on Sometimes these conflicts start small and escalate to costly litigation. Taking advantage of legal counsel early in a situation may help you avoid getting into circumstances that are over your head. An attorney with years of experience assisting property managers and owners can also assist you with rent collection issues and rental documents. With a lawyer on your side, you can have confidence in the sound advice you receive for any issue related to your job managing property.

According to a survey that UCLA helped to conduct regarding commercial real estate in Los Angeles and elsewhere in the state of California, the result of the Nov. 8 election last year should cause no major economic shift in the Golden State’s commercial real estate market this year. Thus, things are expected to be business as usual when it comes to the forming of real estate investment partnerships in 2017, for example. This is true despite the fact that Hilary Clinton was generally the favorite candidate among voters in the state. The survey results indicated that it looks as though commercial real estate’s natural cycle is running its course independent of last year’s presidential election. This may be because of the increase in stock prices and consumer confidence, as well as because California’s regulatory environment is not expected to change a lot. Overall, the real estate outlook for 2017 looks positive. However, driving factors in the real estate market include higher interest rates, a major shift toward online shopping and the continual redefinition of California’s office environment. According to the survey, the state is also coming to the end of its current office space boom. In addition, the survey results indicated that there is still strong optimism among people who develop multi-family dwellings, and the industrial market — especially warehouses — remains highly successful. With the state of California projected to have a strong year in commercial real estate, now may be an ideal time to pursue real estate investment partnerships as well as other joint ventures in Los Angeles. These ventures may involve mixed-use projects, office buildings, hotels and industrial parks. A knowledgeable attorney can help one with integrating deal documents for an investment partnership and ensure that such documents comply with contractual requirements, including lender requirements, as appropriate. Source: ucla.edu, “ California commercial real estate market trends continue, despite 2016 election results “, Feb. 1, 2017

According to a survey that UCLA helped to conduct regarding commercial real estate in Los Angeles and elsewhere in the state of California, the result of the Nov. 8 election last year should cause no major economic shift in the Golden State’s commercial real estate market this year. Thus, things are expected to be business as usual when it comes to the forming of real estate investment partnerships in 2017, for example. This is true despite the fact that Hilary Clinton was generally the favorite candidate among voters in the state. The survey results indicated that it looks as though commercial real estate’s natural cycle is running its course independent of last year’s presidential election. This may be because of the increase in stock prices and consumer confidence, as well as because California’s regulatory environment is not expected to change a lot. Overall, the real estate outlook for 2017 looks positive. However, driving factors in the real estate market include higher interest rates, a major shift toward online shopping and the continual redefinition of California’s office environment. According to the survey, the state is also coming to the end of its current office space boom. In addition, the survey results indicated that there is still strong optimism among people who develop multi-family dwellings, and the industrial market — especially warehouses — remains highly successful. With the state of California projected to have a strong year in commercial real estate, now may be an ideal time to pursue real estate investment partnerships as well as other joint ventures in Los Angeles. These ventures may involve mixed-use projects, office buildings, hotels and industrial parks. A knowledgeable attorney can help one with integrating deal documents for an investment partnership and ensure that such documents comply with contractual requirements, including lender requirements, as appropriate. Source: ucla.edu, “ California commercial real estate market trends continue, despite 2016 election results “, Feb. 1, 2017

The real estate industry is constantly changing. While this can be an exciting element of the real estate management business, it can also be a challenging one. People who have experience managing property understand that legal issues concerning both property and tenants can crop up at virtually any time. This is an unquestionably challenging aspect of the job. A recent survey of multiple landlords and legal cases has helped to uncover some of the most common pressing issues facing people running their own real estate business. Please understand that if you are struggling with these issues that you are not alone. And also please consider the fact that you do not have to deal with these issues alone. An experienced real estate attorney can help you to navigate choppy legal waters regardless of the unique circumstances of any given situation. Debt Collection is an Overwhelming Issue Most of the problems that those running their own property management firm face has to do with the day to day management of the properties. The biggest problem that most landlords and managers faced was debt collection. The survey revealed that over two-thirds of landlords indicated that this was a major area of concern. When people sign a contract and get locked in at a certain rent schedule, it’s not unusual for people to lose a source of income and fail to pay on time. People might rent their property out to retailers who go out of business or to tenants who lose their jobs. When this happens, the income dries up and realtors often have trouble collecting their debts. Owners need to understand the various channels that are available for rent collection issues. Any questions or concerns about these options can be directed to an attorney for clarification. Injuries can Occur on Property A landlord is responsible for maintaining the property and ensuring that real estate is a safe place to live and work. When tenants slip and fall on the property, some people might feel like suing the real estate property owner. In fact, more than two-thirds of people surveyed mentioned that they had ongoing problems with slip and fall accidents. This is a tricky area to navigate because there is always a debate regarding whether or not the accident could have been prevented by the landlord. This kind of legal ground is tough to navigate, especially when the rate of frivolous lawsuits goes up in a certain area due to a host of different factors. Lawsuits can wind up costing a real estate business a significant amount of money. Clearly, there are numerous problems that real estate managers can struggle with. It is important that anyone running their own real estate business contacts an experienced legal professional for guidance concerning these complex issues. Having the right legal aid can help identify problem areas and prevent these lawsuits from ever taking place or help real estate teams deal with a lawsuit that has already started. Without the proper assistance, these problems can turn into costly financial situations for everyone involved.

The real estate industry is constantly changing. While this can be an exciting element of the real estate management business, it can also be a challenging one. People who have experience managing property understand that legal issues concerning both property and tenants can crop up at virtually any time. This is an unquestionably challenging aspect of the job. A recent survey of multiple landlords and legal cases has helped to uncover some of the most common pressing issues facing people running their own real estate business. Please understand that if you are struggling with these issues that you are not alone. And also please consider the fact that you do not have to deal with these issues alone. An experienced real estate attorney can help you to navigate choppy legal waters regardless of the unique circumstances of any given situation. Debt Collection is an Overwhelming Issue Most of the problems that those running their own property management firm face has to do with the day to day management of the properties. The biggest problem that most landlords and managers faced was debt collection. The survey revealed that over two-thirds of landlords indicated that this was a major area of concern. When people sign a contract and get locked in at a certain rent schedule, it’s not unusual for people to lose a source of income and fail to pay on time. People might rent their property out to retailers who go out of business or to tenants who lose their jobs. When this happens, the income dries up and realtors often have trouble collecting their debts. Owners need to understand the various channels that are available for rent collection issues. Any questions or concerns about these options can be directed to an attorney for clarification. Injuries can Occur on Property A landlord is responsible for maintaining the property and ensuring that real estate is a safe place to live and work. When tenants slip and fall on the property, some people might feel like suing the real estate property owner. In fact, more than two-thirds of people surveyed mentioned that they had ongoing problems with slip and fall accidents. This is a tricky area to navigate because there is always a debate regarding whether or not the accident could have been prevented by the landlord. This kind of legal ground is tough to navigate, especially when the rate of frivolous lawsuits goes up in a certain area due to a host of different factors. Lawsuits can wind up costing a real estate business a significant amount of money. Clearly, there are numerous problems that real estate managers can struggle with. It is important that anyone running their own real estate business contacts an experienced legal professional for guidance concerning these complex issues. Having the right legal aid can help identify problem areas and prevent these lawsuits from ever taking place or help real estate teams deal with a lawsuit that has already started. Without the proper assistance, these problems can turn into costly financial situations for everyone involved.

The real estate buying and selling process can be complicated for a wide range of reasons in Los Angeles. One common reason for a real estate dispute is a seller’s failure to disclose a defect in his or her property. A seller is obligated to disclose any potential problem to prospective purchasers that may impact the property’s value. Property owners generally must complete disclosures for any problems of which they are aware. Concealing major defects is deemed illegal. The state of California is particularly detailed about its disclosure requirements. Because home sellers do not always know about all of the defects their properties might have, it may behoove the potential buyer of a property to have a professional inspect this property. Sometimes the seller may have his or her own inspection done to find out the status of his or her property. If the seller’s inspector brings to his or her attention a problem, the seller must be prepared to disclose it if it has the potential to impact the home’s value. Sometimes sellers fail to adhere to laws requiring them to disclose serious issues with their homes. In these situations, it is within the right of a person who ends up buying a problem property to seek to hold the seller accountable through the civil court system. An understanding of what facts have to be proved in this type of real estate dispute will likely be essential to succeed in such a court case in Los Angeles and elsewhere in the state of California. Source: findlaw.com, “ Required Real Estate Disclosures When Selling Property “, Accessed on Jan. 12, 2017

The real estate buying and selling process can be complicated for a wide range of reasons in Los Angeles. One common reason for a real estate dispute is a seller’s failure to disclose a defect in his or her property. A seller is obligated to disclose any potential problem to prospective purchasers that may impact the property’s value. Property owners generally must complete disclosures for any problems of which they are aware. Concealing major defects is deemed illegal. The state of California is particularly detailed about its disclosure requirements. Because home sellers do not always know about all of the defects their properties might have, it may behoove the potential buyer of a property to have a professional inspect this property. Sometimes the seller may have his or her own inspection done to find out the status of his or her property. If the seller’s inspector brings to his or her attention a problem, the seller must be prepared to disclose it if it has the potential to impact the home’s value. Sometimes sellers fail to adhere to laws requiring them to disclose serious issues with their homes. In these situations, it is within the right of a person who ends up buying a problem property to seek to hold the seller accountable through the civil court system. An understanding of what facts have to be proved in this type of real estate dispute will likely be essential to succeed in such a court case in Los Angeles and elsewhere in the state of California. Source: findlaw.com, “ Required Real Estate Disclosures When Selling Property “, Accessed on Jan. 12, 2017

Real estate is a complex area for both a home seller and buyer, but it can be particularly challenging for the buyer. One area in which a real estate dispute may surface in Los Angeles or other parts of California involves construction defects. Typically, these cases are based on contracts between developers and homeowners. According to the law, the developer is obligated to exercise a reasonable degree of knowledge, care and skill when engaged in building practices. This is defined as the skill and knowledge that building professionals normally employ. The law extends the developer’s duty of care to any party who might foreseeably suffer an injury as a result of construction defects, which includes purchasers of the property. Homeowners may also decide to sue a developer for a breach of any obligations established in the purchase and sale documentation or in the escrow instructions. A breach of warranty on the part of a developer concerning the condition of the property may also be grounds for litigation. In addition, a developer may be sued for allegedly misrepresenting the quality of his or her construction intentionally, through false ads or other representations. One of a Los Angeles homebuyer’s worst fears may be hidden construction defects stemming from a developer’s negligence. Fortunately, the homebuyer has rights when this type of real estate dispute occurs. It’s possible to fight for one’s best interests with the right legal help in an effort to hold an irresponsible developer fully accountable for construction defects in California. Source: findlaw.com, “ Legal Liability for Construction Defects “, Accessed on Jan. 4, 2017

Real estate is a complex area for both a home seller and buyer, but it can be particularly challenging for the buyer. One area in which a real estate dispute may surface in Los Angeles or other parts of California involves construction defects. Typically, these cases are based on contracts between developers and homeowners. According to the law, the developer is obligated to exercise a reasonable degree of knowledge, care and skill when engaged in building practices. This is defined as the skill and knowledge that building professionals normally employ. The law extends the developer’s duty of care to any party who might foreseeably suffer an injury as a result of construction defects, which includes purchasers of the property. Homeowners may also decide to sue a developer for a breach of any obligations established in the purchase and sale documentation or in the escrow instructions. A breach of warranty on the part of a developer concerning the condition of the property may also be grounds for litigation. In addition, a developer may be sued for allegedly misrepresenting the quality of his or her construction intentionally, through false ads or other representations. One of a Los Angeles homebuyer’s worst fears may be hidden construction defects stemming from a developer’s negligence. Fortunately, the homebuyer has rights when this type of real estate dispute occurs. It’s possible to fight for one’s best interests with the right legal help in an effort to hold an irresponsible developer fully accountable for construction defects in California. Source: findlaw.com, “ Legal Liability for Construction Defects “, Accessed on Jan. 4, 2017

Most entrepreneurs and new business owners will invest in at least minimal coverage when they first start operating their companies. However, like homeowners and drivers, business owners may become complacent too quickly about the kind of coverage they have. Frequent, if not annual, reviews of insurance coverage can benefit your business. Unfortunately, is easy to put off such reviews because you may want to avoid the hard sell so common with insurance agents. An attorney can also help you identify points of liability for your business and appropriate amounts of coverage. If your company has grown or changed the kind of services or goods it provides, you may need to adjust the insurance you carry to reflect those changes. There are many kinds of business coverage available General business liability protection often isn’t enough. Do you provide guidance to clients as a real estate agent? If so, there is errors and omissions coverage that will protect you from claims that you gave bad advice or made a mistake on the sale paperwork that cost your clients thousands. If you produce physical products, you may need product liability coverage. As you start hiring workers, you also need to look at what kind of workers’ compensation coverage you carry, as well as your premises liability coverage for visitors to your facilities. Business interruption insurance can also be crucial, as you never know when you may have to cease operations and face diminished revenue while still needing to pay the same monthly bills. The right coverage will minimize your operational risks Running a business means investing your time and money to create profit for yourself and any shareholders invested in your company. A lawsuit by an injured worker or a customer who claims the design of your most recent product was defective could devastate your business and even force you to close its doors. The right insurance coverage will protect you by compensating individuals who claim your business caused them harm and by advocating on your behalf when settling those claims. Reviewing your current business insurance and identifying where you may not have enough coverage can protect you from the financial risks that come from doing business.