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Walnut Creek Estate Planning Attorney / Walnut Creek Real Estate Attorney

Walnut Creek Real Estate Attorney

As a party to a real estate transaction in the East Bay, you are well aware of the time, money and energy you pour into closing the deal. You also know the costs you suffer when the deal goes south. Hopefully, you also know how helpful it can be to have a skilled, knowledgeable and experienced real estate attorney to advise you and assist you in navigating the rough patches and finding your way to a smooth, successful transaction. Our Walnut Creek & Contra Costa County real estate attorney at the Feldman Law Group is here to provide you with advice and representation in any real estate litigation or dispute.

Title defects

A cloud on the title is one of the biggest stumbling-blocks in the way of a successful real estate transaction. Often the defect can be remedied with the help of a skilled attorney. From title searches to suits to quiet title, the Feldman Law Group helps parties move forward with confidence as to the proper title holder and the status of the property in regard to mortgages, liens, judgments, restrictive covenants, easements or other potential encumbrances on the property.

Non-disclosure claims

California law places a legal burden on the homeowner and real estate broker to make certain disclosures about a property listed for sale. A buyer who purchased a property and is later harmed due to the fact that required disclosures were withheld may be entitled to money damages for the losses incurred. The Feldman Law Group can help you assess your rights in a non-disclosure claim or lawsuit for real estate fraud.

Property liens

Any type of debt, if left unpaid, can lead the creditor to file a lawsuit and obtain a judgment against the debtor. The creditor’s next step is often to satisfy that judgment by recording a lien against the debtor’s home or other property. Property subject to a lien is less attractive to a buyer and can require you to go through additional hoops that consume both time and money to ready your property for sale. In some instances, a property lien can even force the sale of your home against your wishes. With careful planning and a proactive approach, issues related to property liens can be resolved, leaving you free to occupy your home, sell it, or pass it to future generations without fear of negative consequences or probate disputes.

Unfulfilled contingencies

Contingency clauses are a regular part of real estate contracts for a wide variety of reasons. Contingencies may be placed on the buyer or the seller, and if the contingencies are not met, the real estate purchase contract can be made legally null and void and the home placed back on the market. Contingencies may require action on either the buyer’s or the seller’s part. For example, a contingency may be that the buyers must sell their own home before they can purchase the seller’s home. Another typical contingency is that the buyer must secure financing. Contingencies requiring action on the seller’s part may be to replace the water heater, fix the roof or make other repairs noted in the inspection.

Contingencies are generally limited to a set number of days so that if the contingency cannot be met or fulfilled within that timeframe, the contract can be canceled. This is known as an unfulfilled contingency. The Feldman Law Group can help you deal with unfulfilled contingencies or other real estate disputes related to a real estate purchase contract.

Zoning issues

Any zoning law change or variance requires research into current zoning laws and an evaluation of what is required to convert the use of the property or land. Neighbors may be affected by the zoning change, and administrative hearings may be required. Impact studies will no doubt need to be performed. Working with architects and surveyors may also be necessary.

Zoning laws can be difficult to understand. If you are a purchaser, investor or developer, Aaron Feldman of the Feldman Law Group is an excellent choice for understanding and evaluating zoning ordinances, laws, codes and variances. Our professional team will engage the right experts, complete the required reports, perform the necessary impact and environmental studies and submit zoning change requests on your behalf. We’ll work closely with government authorities, neighborhoods and other professionals to achieve your goals.

Commercial lease disputes

The Feldman Law Group routinely handles commercial lease dispute issues between commercial property owners and tenants in the San Francisco Bay area, including:

  • Options given to tenants to extend their lease;
  • Storage disputes, particularly involving hazardous materials;
  • Common area maintenance (CAM) fee disputes;
  • So-called “percentage rent” disputes, where the tenant pays a fixed rent plus a percentage based on business revenue;
  • Leasing space to competitive businesses in shopping centers or other multi-tenant properties;
  • Damage claims from fire, flooding, etc.;
  • Forced default claims (claims that the landlord is attempting to force the tenant out to get a “better” tenant for more money).

If you are a commercial property owner or tenant facing a dispute, don’t try to resolve the dispute on your own, and don’t wait to get professional legal guidance to protect your rights and reach a swift, successful resolution. In Walnut Creek and Contra Costa County, contact commercial lease dispute attorney Aaron Feldman of the Feldman Law Group.

Help with Your Contra Costa County Real Estate Matters is Just a Phone Call Away

Lenders, brokers and sellers all rely on the Feldman Law Group to address their needs in real estate transactions and disputes in Contra Costa County. If you live in the Walnut Creek or San Francisco Bay areas and need help resolving a real estate dispute, call the Feldman Law Group at 925-283-6691 to consult with a knowledgeable, experienced and successful California real estate lawyer.

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