Real Estate Law
Purchase and Sales Agreements
We represent clients in real property purchase and sale agreements, For Sale By Owner, Private or Intra-Family Transactions (hourly or flat rate fee - more info), International Buyers or Sellers, 1031 exchanges, title and ownership, deeds, legal entity and tax structuring.
The typical private transaction fee is 2%.
Proposition 19
We assist with Proposition 19 residential property base tax transfers
Real Estate Financing and Title Issues
We assist with real property financing and re-financing, including preparation and filing of Deeds of Trust (security interest in the real property), and drafting Promissory Notes.
We assist with Title Report analysis and Resolutions.
Real Estate Ownership Structuring and Taxation
We provide tax counseling regarding real property income tax, capital gains tax, and local assessment tax.
Acquiring and holding real property title is specific to the needs and objectives of the interest holder(s) that without due diligence, legal, and tax advice can result in adverse tax consequences. Ownership can be in the form of an individual's name, a legal entity, or trust.
We also provide legal and tax structuring services to Non Resident Alien real property purchasers and current real property owners (more info).
Real Estate Ownership Remedies
We provide legal representation regarding ownership rights and disputes. Any co-owner has a right to have his or her interest bought out or force the real property to be sold. This remedy is called real property partition.
Won Property Partition Court Trial and Judgment forcing Sale:
- Alameda Superior Court: Neal-Adesokan v. Smith (RG17853867) - 2018
- San Francisco Superior Court: Cruz v. Funes-Tynan (CGC20584638) - 2022
A Quiet Title action is an action to definitively declare the real property ownership status and rights, in other words removing any cloud from the title.