Real Estate Law
Residential For Sale By Owner
Whether you are buying or selling a home, it can be both an exciting and complicated process. For a buyer, it will be the most significant financial commitment that you will make in your life. Many people don’t know that you do not have to use a real estate agent if you are buying or selling your residential property, and an attorney can draft all the contracts, and assist with the transaction. In for sale by owner situations, it is strongly recommended that you use the assistance of a real estate attorney to ensure the sale is done in compliance with all California laws. There are many intricacies of a property transaction that cannot be waived or overlooked under California law, such as statutory disclosures by the seller, payment of existing loans and encumbrances, and ensuring the proper parties are transferring the property. Having an attorney involved in the buying or selling process will give you the peace of mind that the transaction is being handled properly, and that your interests are protected.
Commercial Purchases and Sales and 1031 Exchanges
Commercial purchases and sales are much more complicated than residential sales, especially when the seller or buyer is doing it as part of a 1031 IRS tax deferred exchange. Our office will walk you through each step of the transaction, assist in negotiating the terms of the deal, draft the purchase and sale agreement, and review all disclosures and title reports. There are very strict deadlines that must be met with all 1031 exchanges, and we will keep you on track with those timelines as well as ensure the deal is structured properly.
Drafting and Reviewing Commercial and Residential Leases
Selecting the ideal location for your home or business can be an involved and time consuming process. It is important for landlords and tenants to discuss their expectations and responsibilities prior to entering into the lease agreement in order to prevent unexpected disputes down the road. Generally lease agreements tend to be one-sided, which is why it is important to have an attorney review the lease agreement prior to execution to ensure the terms are fair and reasonable. Our office can assist you in negotiating the letters of intent, lease agreement terms, preparing amendments and renewals, and ensuring your interests are protected. Clients often forget that real estate brokers cannot advise them on the legal implications of the lease which is why it is essential to contact our offices before signing the lease.
Short Term Rentals
AirBnb and VRBO have become the new norm for short term vacation rentals throughout the globe. In beach cities like San Diego, short term rentals for less than 30 days are particularly popular. With the new short term rental ordinance that will become effective in San Diego in 2022, it will be imperative for property owners to know how to navigate the new permit process. For properties in a common interest development, it is important to know whether the governing documents (CC&Rs) permit short term rentals or restrict them. Short term rental restrictions are regulated by each individual city, so in each case it will be necessary to review the zoning regulations and governing documents for your particular property. Our office can assist you in preparing a short-term rental agreement for your property, as well as liability waivers for activities on the property.
Zoning and Title Issues
When reviewing a preliminary title report on a property you intend to purchase, you may find that there are existing deeds of trust, easements, encumbrances, and other restrictions recorded against the property. In other situations, title may not have been properly transferred after the death of a co-owner. Depending on the type of encumbrance, it may be advisable to have the encumbrance removed from title before purchasing the property to avoid potential liability. Our office has experience working closely with title officers in removing such encumbrances from title, and we can assist you in reviewing the preliminary title report for your property and clearing title before close of escrow.
At the Law Office of Ashley M. Peterson, we understand that each client’s legal issues are unique. We ensure our clients’ needs are our top priority, and maintain open communication throughout the course of the case. We guarantee strict confidentiality in all legal matters, and endeavor to build lasting relationships with our clients based on trust and quality representation.