FAQs on California Business Real Estate Laws
Our Palo Alto and Redwood City Real Estate Lawyer Answers Your Questions
Due to local, state and federal laws, real estate matters can be complex. Many real estate contracts are notoriously difficult to understand for anyone who is not a practicing real estate attorney.
Whether you are selling property, negotiating a lease, or preparing to purchase commercial real estate, you can benefit from the experience offered by Winghart Law Group, Inc.
It is even more important to have an attorney on your side while dealing with a real estate dispute. Mistakes made while navigating a real estate dispute may be extremely costly. For this reason, we included some helpful answers to common questions about real estate disputes in California.
What Are Common Real Estate Disputes in California?
There are several common real estate disputes that could lead to litigation. In California, common real estate disputes include:
- Breach of contract. Contracts stipulate the terms of commercial and residential real estate transactions. If the other party fails to adhere to the terms of the contract then you may want to consider pursuing real estate litigation or alternative dispute resolution.
- Failure to disclose. Some properties may have defects or other issues. You may suffer damages if you purchase a property that has defects. Certain defects affect a property’s value. However, the seller or lessor of a property has a duty to disclose certain issues and may be at fault if they fail to notify you of problems before you purchase the property or sign a lease.
- Lease disputes. In addition to failure to pay rent, there are other types of lease disputes that may arise from commercial and residential real estate contracts. For instance, the landlord of the property may refuse to make necessary repairs. In other cases, the landlord may charge excessive fees. Lease disputes may necessitate litigation or alternative dispute resolution.
These are only three examples of real estate disputes in California. Real estate disputes are a complex matter. If you feel your tenant or landlord violated a lease, contract, or California real estate law, then you should contact a real estate attorney.
Can I Use Alternative Dispute Resolution for Real Estate Disputes?
Arbitration and mediation are alternative dispute resolution options that take place outside of a courtroom. Both options are less expensive and less time-consuming than litigation. This is especially true when you consider how long the discovery process can take during traditional litigation.
With alternative dispute resolution, both parties utilize a third party to resolve matters. However, there are differences between mediation and arbitration.
- Mediation. With mediation, you and the other party or parties work with a neutral mediator to resolve the dispute. All sides get a say in creating the resolution. Mediation is, by design, non-adversarial and cooperative. When the mediation process concludes, you and the other parties may sign a binding settlement agreement.
- Arbitration. Much like mediation, arbitration involves reaching an agreement with the help of a third party, the arbitrator. Arbitrators may be retired judges in some cases. In a case involving arbitration, the arbitrator listens to all parties and decides on how to resolve the dispute. The decision reached by the arbitrator can be binding.
Some real-estate contracts require alternative dispute resolution as a means for resolving disputes before proceeding to litigation. Alternative dispute resolution provides flexibility, control and privacy.
California real estate attorney Drew Winghart can help businesses resolve disputes through mediation or arbitration.
Does My Business Need a Commercial Real Estate Attorney?
Commercial real estate transactions come with an enormous amount of risk. In many cases, red tape may give business owners trouble.
Real estate contracts are almost always difficult to read and interpret for anyone who is not a practicing attorney. Local, state and federal regulations may come into play for commercial real estate transactions.
It is extremely important to know what you are signing. Some commercial landlords may try to take advantage of a buyer who has little or no experience with real estate. An attorney can help you avoid mistakes while ensuring the purchase goes through smoothly.
What Other Real Estate Matters Can Winghart Law Group, Inc. Help With?
In addition to disputes, our real estate attorney can help with other types of real estate matters in Palo Alto, Redwood City and the surrounding areas. Some of the issues we can help with include but are not limited to:
- Zoning and land use for commercial real estate
- Property liens
- Real estate purchase contracts
- Title reports
- Real estate tax
- Negotiating commercial real estate contracts
- Escrow services
- Developing new commercial properties
If you have a business real estate matter, then we encourage you to contact our real estate attorney. Drew Winghart may also be able to help resolve a real estate issue before it becomes adversarial.
If your business has a real estate dispute or other real estate issue, contact us for a free 30-minute initial consultation. You can schedule a consultation by dialing (650) 332-2994 or by using the contact form on our site.