Real Estate Litigation in Los Angeles

Resolve Property Disputes With Real Estate Litigation in Los Angeles

Real estate is a complicated area in law, and the majority of people cannot manage property disputes without calling a real estate attorney. If you are facing the possibility of Real estate litigation in Los Angeles, then you need to call us today to get immediate help. Whether you are facing issues with the title on your property, or need with a general real estate issue, you need our team to help you, so call now.Read More

The New Tax Law and your Charitable Giving

Need to find someone to help you navigate real estate law in La Mirada? We are experienced and professional real estate attorneys with a long history of legal experience throughout California, including areas such as La Mirada, Los Angeles, San Bernardino, Riverside, and Orange County. Whether you are selling or buying and need real estate advice, just contact our team to find a real estate attorney in La Mirada for a free consultation today.Read More

Commercial Real Estate lawyer

The Beginners’ Need for Legal Representation When Purchasing Commercial Real Estate?

As someone who is currently entering the vast realm of possibilities allotted to business owners, there is a dizzying array of details and legalities you need to understand. Most likely you know that there is an enormous difference between residential and commercial real estate. Commercial real estate being any property that is to be used for business purposes makes the laws that surround properly obtaining and managing your property much different.

Finding the Financing

Commercial Real Estate lawyerIn the greater Los Angeles area, the majority of small business owners and entrepreneurs cannot afford to simply purchase commercial property out-of-pocket. Without being the trust fund beneficiary or some other type of heir to some inordinately large sum of money, you are most likely looking for a loan in order to finance a mortgage. There is a multitude of different loans, grants, and other ways to finance your small business, although a steady income is going to be a general requirement.In any event, you should first be familiar with the guidelines for these actions, and the requirements to obtain a positive outcome.

Legal Preparation

It is an unfortunate truth that many property sellers may be looking to let go of their commercial property for reasons they don’t want you to know. If you sign all the paperwork and agree to purchase a piece of commercial real estate without knowing absolutely everything about the property, you could be setting yourself up for a long uphill battle in the future. Your economic losses and overall financial woes and debts could become so severe you could end up out of business in no time at all.

Thankfully, there are plenty of laws in place that greatly deter any seller from not providing full disclosure pertinent to any defects. No seller may intentionally leave out any defects or damages to the property they are selling without fear of possibly detrimental repercussions. If there are defects to the property sold, of which the buyer was unaware of at the time of purchase, but later discovered; the buyer may sue the seller for the cost of repairs. Likewise, if these defects lead to injuries, the seller may be held fully responsible for all resulting expenses.

Nevertheless, there are other factors as well, which could equally play a role in the success of any lawsuits after purchase. The first and foremost obligation that any buyer must respect is their personal duty to have the property fully inspected. Even though most buyers and sellers are entirely aware of their obligations, that doesn’t mean that properties never change hands without immense complications. There are almost always various details that can be easily overlooked, but detrimental in the long-run.

At Gomez & Simone, we fully appreciate the stringent binds of law and the incredible intricacies that surround all aspects of commercial real estate. Whether you are already a business owner or just looking to purchase the property to begin your business venture, you need the most quality representation possible. Don’t hesitate to call (855) 219-3333 to speak with an experienced professional and schedule your free consultation today.

 

Sources:

https://www.sec.gov/Archives/edgar/data/1467760/000119312509147520/ds11.htm

http://www.dre.ca.gov/files/pdf/re6.pdf

Top Real Estate Attorney in Los Angeles, CA

Trusts In The Age Of Trump: Time To Re-Engineer Your Estate Plan

Need to find someone to help you navigate real estate law in La Mirada? We are experienced and professional real estate attorneys with a long history of legal experience throughout California, including areas such as La Mirada, Los Angeles, San Bernardino, Riverside, and Orange County. Whether you are selling or buying and need real estate advice, just contact our team to find a real estate attorney in La Mirada for a free consultation today.Read More

business law attorney

What is a joint venture and how does it work?

If you are a business owner, you’re probably always looking for ways to increase the reach of your market and gain better entry into your market. Of course, you are always looking to find out ways to be more successful in these goals. One tool that often leads to success in the competitive business atmosphere of today is Joint Ventures. These are basically just joining up with another person or group with the purpose of expanding your influence and increasing your market presence. Many people find joint ventures to be one of the most powerful tools to increase their market presence. Many people are already taking this approach and using this method.

You might be wondering how you, too, can get in on a joint venture and what that would look like. The best way to make a decision about whether or not a joint venture is in you and your businesses’ best interest is to be informed.

So, first of all, you might be wondering what a joint venture is?

business law attorneyBasically, a joint venture is a strategic alliance between two or more people or entities. This can include teaming up to share many things such as markets, intellectual property, assets, and profits.

These partnerships can occur between large companies all the way down to small business who work together to fight against large competitors. Business who have similar products or services can also join up together to get into markets they wouldn’t be able to access on their own. In fact, depending on local laws and regulations, there are some markets that can only be accessed through a joint venture with a local business. This means that some large companies will join with a smaller business as an easy way to access a market that would be otherwise hard to get into.

So, overall, a joint venture can involve business of all sizes and kinds. They can benefit small business and even larger business who have lots of money. They can sometimes be the quickest way to access a product, market, or increase profits.

How does a joint venture work?

Of course, whether or not a joint venture is successful is reliant on how it is executed. What needs to be done is simple on paper. Two business must work together. But, the specific of this can be more complicated. Every joint venture is going to look different. There will be different legal considerations depending on the industry as well as the size of the business and what the goal of the joint venture is.

Let us help you.

At Gomez & Simone, we can help with entity formations. We have experience with business law and entity formation. We can offer legal counsel on joint ventures. If you would like to find out more information, we are happy to help. Please contact us at 855-219-3333.

 

 

Sources:

https://www.thebalance.com/joint-venturing-101-1200766

https://gomezsimonelaw.com/when-your-home-is-heading-in-the-direction-of-foreclosure

Mortgage Servicers Subject to New California Law

While the new “permanent” 21% Corporate Tax Rate got most of the headlines- mainly because it was a much simpler story – there are also benefits for self employed people and small businesses in the new tax law. These folks may not get as dramatic a tax break as corporations do, but they do get a 20% reduction of taxable business income. Here’s how that works, and some other benefits they could enjoy in 2018.Read More

Eviction Defense in Los Angeles

Prepare Your Eviction Defense in Los Angeles With Us

Eviction is an extremely common real estate issue, and one which many people in Los Angeles will face during their lifetimes. The majority of these people are tenants, but homeowners may also be threatened with eviction by their mortgage holder. If you have received a summons, sometimes called a ‘complaint against Unlawful Detainer’, then you will need to work quickly in order to avoid being evicted from your property. Contact us today for help in mounting an Eviction defense in Los Angeles.Read More

real estate lawyer los angeles

Resolving Homeowner Association (HOA) Disputes in California

The Office of the Attorney General for California notes that it does not handle most homeowners associations (HOA) complaints. Problems with HOAs in California are largely private matters requiring private legal representation.

HOAs in California are largely governed by the Davis–Stirling Common Interest Development Act in the California Civil Code. Under Davis–Stirling, the prevailing party in a legal action can be entitled to attorney fees and other costs of litigation.

Common Kinds of HOA Claims in California

real estate lawyer los angelesHOAs can become involved in disputes that lead to litigation because of any one of a number of issues usually relating to a resident’s daily living. Some of the most common issues involved in HOA litigation in California include, but are not limited to:

  • Failure to maintain or repair common interest developments;
  • Denial of proposed architectural plans;
  • Failure to comply with records request;
  • Breach of board rules;
  • Improper fines;
  • Unlawful restrictions; and
  • Discrimination.

Disputes involving HOAs can involve public or private concerns. HOA members can be extremely confused about what their legal rights are when they are involved in any kind of issue with their respective HOAs.

California Conditions, Covenants and Restrictions

Under Davis–Stirling, the developer of an HOA must create a Declaration of Covenants, Conditions, and Restrictions (CC&R) that typically regulates the use, appearance, and maintenance of HOA property. A CC&R is legally binding, and a person is automatically a member of an HOA and thus subject to the CC&R when he or she buys property in an HOA community.

A CC&R not only imposes a number of restrictions relating to property use as well as requirements relating to insurance, but it also identifies the maintenance obligations of both property owners and the HOAs. The CC&R can also establish how disputes will be resolved and rules will be enforced.

The manner in which an HOA is governed is also typically established in the CC&R. The CC&R can also provide how often HOA board elections are held, what the duties of board members are, and how new board members may be elected.

The important thing to remember about CC&Rs is that they can be changed. Any change to a CC&R still needs to be properly administered and filed in order to be lawful.

When a person does not abide by the terms of a CC&R, the HOA may impose any one of a number of possible penalties that are usually outlined in the CC&R. Some HOAs may attempt to invoke rules or regulation in CC&Rs that violate other state and federal laws, and are thus, unenforceable.

Find a Real Estate Lawyer in Los Angeles

Are you an HOA member who is considering legal action to resolve a property rights dispute? You will want to make sure that you contact Gomez & Simone Law for experienced legal representation.

Our experienced real estate attorneys represent clients throughout the greater Los Angeles area. Call (855) 219-3333 or contact us online today to have our lawyers review your case and help you understand all of your legal options during a free consultation.

Our Real Estate Law Firm in Los Angeles is there for you

California Law on Mandatory Disclosure

State law in California requires the sellers of real estate to disclose all “material facts” concerning the property being sold. In most cases, the seller will complete a form called the Transfer Disclosure Statement (TDS).

The TDS will typically check off an identify any items that are not in operating condition as well as another section in which the seller lists any defects or malfunctions with certain components of the property. The seller must also check a series of yes/no boxes asking whether he or she is aware of any one of 16 listed issues. Read More