Document Drafting & Review

When you purchase or sell a piece of property, there is a litany of paperwork that the parties must review and sign. Common documents involved in a real estate transaction include Offers, acceptances, disclosures, inspection reports, appraisal reports, CC&R’s and escrow instructions. For most people this can prove to be overwhelming even with the assistance of a real estate agent. Our firm can assist anyone who is looking for additional peace of mind by having one of our attorneys review these documents and advise a client before a real estate purchase is complete.

The best defense against potentially costly and time-consuming real estate litigation is a properly drafted lease. Each lease term should be carefully crafted to provide you with maximum protection. Similarly, if you are tenant, small-business owner, or sizeable corporation, lease terms proposed by another party should be reviewed with a fine-toothed comb. Even savvy business owners or longtime landlords should have a real estate attorney draft your lease or carefully review its terms which can save them innumerable headaches down the road.

Even the most carefully drafted and durable lease may not cover every situation that may arise during your commercial or individual landlord-tenant relationship, however, ignoring seemingly obsolete or inconvenient lease terms can be a recipe for disaster, —leading to costly and protracted litigation. Prior to terminating or modifying a lease agreement, it would be prudent to consult an experienced California real estate attorney.

Subleasing can be incredibly lucrative in California, with rents reaching sky-high records in many cities. However, subleasing also exposes you to significant personal risk. What if a tenant breaches your lease agreement or damages the premises that you have rented? It is critical that you engage a qualified real estate attorney to draft an ironclad assignment or sublease agreement prior to entering into such an important transaction. A real estate attorney can also review a sublease or assignment agreement proposed by another party.

Some landlords like to avoid managing their own rental properties and would prefer that a professional manage their investments. This is where a property manager comes in to handle the day to day responsibilities of the landlord. Property management companies frequently require that the landlord execute an agreement which addresses management responsibilities, compensation for such services and assignment of risk between the parties. Such agreements should be carefully reviewed to ensure that they properly address the roles of each party when a rental property is vacant or occupied. Our attorneys can either draft a property management agreement for you or review a proposed property management agreement to ensure that your rights are protected.

The California Civil Code states that “a surety or guarantor is one who promises to answer for the debt, default or miscarriage of another.” In commercial tenancies, landlords generally require an individual or entity to sign a guaranty agreement ensuring that they will meet the performance and payment obligations outlined in a lease. Guaranty agreements are subject to specific statutory rules and they can apply very broadly, even if the lease is amended after it is originally executed. Our attorney can ensure that you are protected under a guaranty agreement whether in originally drafting such an agreement or in reviewing a proposed agreement.

Litigation often results in subpoenas being served on relevant third parties. Subpoenas must comply with certain legal requirements including providing proper notice to all parties involved in a lawsuit. Further when certain personal or employment records are being sought through a subpoena a notice must also be provided to the person whose records are being subpoenaed so they are aware of the request.

Our experienced attorneys can offer you advice on whether you have been properly served with a subpoena and how to comply with, or challenge, a subpoena. Our attorneys can also assist you by appearing in Court in connection with any motions filed against you seeking to compel your compliance with a subpoena. Failure to comply with a subpoena can be punished criminally by a Court through contempt proceedings.