Real Estate Attorneys in Los Banos California
The professional attorneys of Germino, Amaral & Jordan are adept at handling real property cases which may involve transactions and disputes that arise from the possession, use, and the quiet enjoyment of property and the permanently attached man-made structures on it. These structures can include dwellings like homes or apartments, commercially used structures such as business spaces, storage complexes, barns, industrial facilities or anything else that is built upon or permanently secured to the land.
Real Estate law is one of our firm's specialties. We can help with litigation or transactions of all kinds including real estate contracts, purchases, leases, tenancies, issues with homeowner associations, neighbors, landlord-tenant issues, and more.
- Real Estate Contracts -
When buying, selling, leasing, leasing-to-own, or entering into almost any other real-estate transaction, a written contract is required under California Law. (There may be a few unusual exceptions such as commission sharing agreements but these are unusual or rare.)
With just about every legal real estate transaction requiring a written contract, and with real estate purchases being the largest monetary commitment that most people will ever make, it only makes sense to have a lawyer who is well-grounded in this subject draw up or at least examine and approve any contract that you are considering. Failing to have a lawyer examine or write these types of contracts may result in significant financial losses and liabilities or even incorrect recording of title to the property.
Real estate contracts can be quite intricate and tricky - even for residential real estate transactions. Many are written in language that most normal homeowners would find confusing. It is therefore very important to have an attorney review any real estate contract that you are contemplating entering into in order to make sure that you completely understand it.
When contracts for commercial real estate are needed, the complexity level usually goes up exponentially and understanding the contract becomes even more essential. Our law firm can be of invaluable assistance, particularly in cases where the purchase or lease of commercial property might include functionality that includes fitness for purpose, guaranteed use, specific performance, yield guarantees, profit sharing agreements, and more. A well written and clearly defined contract is absolutely essential in these situations.
Please consider consulting with one of our attorneys if you are considering entering into any sort of real estate contract. It is our belief that a well written and fully understood contract can save money in the long run by eliminating potential areas of controversy and the attendant court and attorney costs involved in settling real estate contract disputes.
- Real Estate Purchases -
When buying a piece of property in California it is critical that the purchaser be fully informed of what they are getting, any liabilities that may be attached to the property, or any obligations that may be attendant to an owner of the property of any kind.
When purchasing real estate for personal/residential use, investment, rental, or any sort of commercial use, it is recommended that you contact a local attorney who is fully able to help guide you through the purchase process and keep an eye out for anything that might become a future or current liability.
Purchasers of real property are at a significant disadvantage to sellers because they usually have not had the opportunity to occupy and get to know the property for months or years and generally they only have a limited time to inspect the potential purchase property. A well written real estate purchase contract can level that playing field a bit.
Our attorneys can aid those who are purchasing any kind of property to protect themselves from all manner of potential 'gotchas' and, depending on the type of transaction, we can write in contingency clauses that will make clear to the seller that any number of specific items must be to the buyers satisfaction in order for the contract to be consummated.
There are far more considerations and scenarios than can be described here which should be considered when making a real estate purchase. If you are considering any sort of purchase of real property please consider contacting us to make sure that your rights and intentions are fully and legally protected.
- Real Estate Leases -
When contemplating a lease for either commercial property or residential living space, both parties should consider contacting an attorney to make certain that the lease is going to be a match for their needs.
Residential leases are usually fairly easy, but should still be gone over carefully by an attorney to ensure that the renters know what is expected of them, whether or not animals are allowed, who is responsible for insurance, utilities, grounds keeping, wear and tear and upkeep, vicarious liability and more.
In addition, leases can cover renewal options, taxes, security deposits, time frames, lease termination requirements, and of course the cost to lease the property. Our attorneys look at both what is and what IS NOT included in the contract so as to advise our clients fully of what they are getting into.
Commercial leases can be extremely complex and should always be drafted by and examined by well-qualified attorneys for all of the parties who are contemplating entering into the lease. Commercial leases include all of the considerations listed above and much much more including such things as signage specifications and requirements, buildout options if any, subletting options, environmental liability issues, return-to-owner/termination conditions, and any number of other unique and specific agreements or requirements that may be attendant to a commercial use of property or buildings.
Because of the myriad of possible combinations and considerations that it is possible to write into a commercial lease, both parties should be represented by competent attorneys. Please give us a call to discuss your specific situation.
- Tenancies and Landlord Tenant Problems -
If you are currently a renter or a landlord that has a dispute with the other party, it is important that you fully understand the rental agreement and the requirements that both parties have agreed to adhere to. If one of the parties has breached the agreement, there are times where simply receiving a letter from our lawyers will help to clear the problem up. In other cases it is not quite so easy and things need to go to court to get properly resolved.
Our attorneys are able to help both landlords and tenants through their disputes. We understand the contract and civil law that binds those in a lease or rental agreement and we can help the parties to resolve their differences - in many cases without going to the time, trouble, and expense of going to court.
- Homeowner Association Issues -
Homeowner associations, if well run, can be a very positive entity for neighborhoods, townhomes, and condominium complexes. However homeowner's associations or representatives that overstep their bounds can create havoc, ruin the peaceful enjoyment of an owners property, or even break the law by their harassment.
If you are considering buying or renting a property that is governed by a homeowner's association it is a good idea to have one of our attorneys look over the homeowner association agreement that you are considering signing. We can advise clients of potential areas of conflict or abuse that certain clauses found in some contracts allow. Just as important, we can also advise clients if the contract in some way seems deficient for its intended purpose.
If, on the other hand, your homeowners association needs help in enforcing a proper and well written homeowner's agreement against a person whose property within the agreements purview, we can also help with that. In many cases a simple letter from our offices might be enough to get the errant member to adhere to their agreement. In egregious cases we are fully prepared to help you take the member to court in order to legally enforce proper contract clauses.
- Bad Neighbor Issues -
Good neighbors will work together, talk things out, and reach positive mutually satisfying compromises when there are minor neighborhood problems. At times the local police may be called to help resolve serious or more chronic problems ranging from loud music to barking dogs. Thankfully it is rare that neighbors have to drag each other to court.
There are times however when despite the best efforts of police, local government ordinances, and polite interaction, a neighbor may be such a bane to the quiet and peaceful enjoyment of a person's property that residents have no choice but to peruse a civil remedy in court. Should that become the case, our attorneys can provide, guidance, legal help, and legal representation.
Disputes can range from merely aggravating such as a continued pattern of loud noise or loud animals, to loss of property value, such as when a neighbor is running a vehicle repair business out of their garage or refuses to help fix common fencing, to the downright dangerous such as a neighbor's tree that is rotten and in danger of falling on a neighbors home or even the dumping or storage of toxic chemicals on the neighboring property.
In severe cases like these, the attorneys of Germino, Amaral & Jordan are willing and able to attempt to to legally ameliorate these situations in civil court. In some cases all that may be required to obtain a behavioral change is a communication sent from our office to the errant party. In other cases, we may need to go all the way to a civil trial.
- Other Real Estate, Lease and Rental Concerns-
The above list does not cover all of the areas of real estate or lease and rental law in which we may be able to help our clients. If you have any needs relating to leases, rentals, purchases, property responsibility disputes, or any other type of need regarding real estate contracts or agreements, please contact us for a consultation.
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Germino, Amaral & Jordan primarily serves Merced County and the Westside. This includes but is not limited to Los Banos, Dos Palos, Santa Nella, Merced, Gustine, Patterson, Firebaugh, Newman, Chowchilla and the rural areas in between.