Real Estate Law
Custom Solutions to HELP Realize Your Real Estate Goals.
Drawing upon our experience representing commercial and residential developers, investors, buyers, sellers, landlords, tenants, lenders, contractors and property managers, Abghari Law brings a balanced perspective to every representation. We take pride in looking at the big picture to find practical solutions in a cost-effective manner. We implement custom strategies to assist with structuring transactions, forming real estate partnerships and LLCs for liability protection, and drafting purchase agreements and leases to successfully help you navigate through the negotiating process and to otherwise avoid significant legal issues that could pose legal/financial risk to your company down the road. Equally comfortable dealing with single and multi-family residential property, commercial property, industrial property, and even raw land, Abghari Law can help you achieve your real estate goal. Your goal becomes our goal.
Key Areas Of Real Estate Service
At Abghari Law, we pride ourselves on our negotiation skills and broad knowledge of California real estate law. We advise our clients in a wide range of commercial real estate transactions, including:
Purchase and Sale Transactions
LOIs / Term Sheets
Commercial and Residential Real Estate Closings
Commercial Lease Review and Negotiation
Contract Interpretations
Due Diligence
Attorney Opinion Letters
Easements and Title Encumbrances
Finance Loan Terms
1031 Exchanges
Title Conveyance and Quitclaim Deeds
Title Insurance
Property Management
Ground Leases
Landlord Tenant
Liens and Liabilities
Land Use/Zoning
Multidisciplinary Real Estate
Transaction Advice.
Whether you are a private investor or a small or large business owner, entering into a real estate transaction is often one of largest and most complex legal transactions you will face while running your business. A skilled real estate lawyer can guide you to clear and concise answers and ensure that you understand your rights and responsibilities throughout the transaction. Our firm works on commercial real estate matters with owners, developers, property managers, homeowners and commercial landlords and tenants. In the earliest stages of every real estate transaction, the appropriate terms and contractual obligations should be clearly defined so as to minimize the risk of future disputes.
Depending on the type of transaction involved, the lawyer’s role in a real estate matter often starts even before the parties have even entered into a contract. Care should be taken to clarify deal terms and respective expectations as early as the Letter of Intent (“LOI”) stage, which involves the negotiation of contingencies, due diligence, earnest money, closing and other important terms to be included in your purchase agreement.
Your attorney will then prepare a contract which memorializes your terms, and will negotiate any further changes. The final terms will include various deadlines that must be timely met, including opportunities to inspect the property, make repairs, obtain financing, etc.
During the due diligence period, your attorney will also obtain and review title reports from the title company involved in the transaction. Reviewing title is one of the most important parts of your lawyer's role in the transaction. The title report will usually give the parties a comprehensive list of matters which must be taken care of before closing. For instance, if there is an old lien on the property, the lien will have to be removed or insured over. Title reports will also give the buyer a fair warning of other potential issues that may affect the use or merchantability of the property.
Depending on your specific needs, your attorney can also assist with the review and negotiation of any finance documents, including deeds of trust/mortgages, loan assumptions, seller carry-back loans, etc. and can assist with setting up a 1031 tax-deferred exchange with a qualified intermediary.
Finally, at closing your attorney will guide you through the paperwork that needs to be completed to finalize the deal, including any property, lender, title, escrow, 1031 exchange or other state-specific mandated documents. Typically, the seller's side will have very little paperwork to review while the buyer's side will have to go through an entire loan packet if they are financing their purchase.
Commercial transactions are significantly more complicated than residential transactions, and the attorney is usually more involved in process of drafting the purchase agreement. Both commercial and residential transactions involve title searches, due diligence, etc. However, in the case of transactions involving the sale of multi-family, mixed use, office, retail or other commercial properties, additional matters such as asset purchase agreements or stock purchase agreements may need to be considered. If tenants are involved in the sale of a commercial property, the attorney will have to prepare assignments of rents and leases, SNDAs and other legal documents. Commercial transactions also usually involve more in the way of title insurance. For instance, a purchaser may want to consider (or a lender or title company may require) more specific endorsements to insure for potential problems confronting commercial properties.
If you are taking part in complex real estate transaction, trust your legal issues to an experienced commercial real estate attorney who knows how to get these types of deals done. The attorneys at Abghari Law have handled over 1 billion dollars of combined commercial and residential real estate transactions and are prepared to offer you practical assistance with any aspect of your transaction. We take pride in looking at the big picture to find practical solutions in a cost-effective manner for all of our clients. Contact us today to schedule a free consultation.