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Real Estate Legal Issues

Here are a few common real estate related questions which SRG clients are urged to ask themselves:

Are you an unmarried person who owns a home with another single person?

  • What if one of you contributes more money down?
  • Who will have the benefit of the mortgage tax deduction?
  • When the property is sold, how will the equity be allocated?
  • How will you handle major, unexpected repairs?
  • What will happen when one of you dies?
  • It is wise to cover all of these important issues in a written, property-sharing agreement which is tailored by an experienced attorney to meet your needs and expectations.

    Do you own or are you purchasing property that is affected by an easement?

    • Did you know that there are several types of easements?
    • Who is responsible for maintaining the easement area?
    • What does it mean if there is no writing evidencing the easement?
    • What happens if someone interferes with your use of your easement?
    • The law of easements is complex and highly fact-dependent. Learn from an attorney about the rights and duties involved in easement situations such as yours.

      Do you have a real estate commission dispute?

      Consider hiring a trained mediator who is an attorney with over 30 years of real estate law experience (in an out of court) and who also is a licensed real estate broker.

      Did the seller of your home fail to disclose something about your property?

      Consult with a lawyer who has prosecuted and defended non-disclosure cases and construction defect matters.

      Is your HOA's Board of Directors acting unfairly or is there a nuisance in your complex?

      Review your CC&R's and your options with an attorney who has specialized in condominium law since 1978.

      Are you about to enter into a commercial lease for your business?

      Some commercial leases are drafted for the benefit of the landlord and have many significant provisions buried in "legalese." It is a prudent business practice to confer with an experienced real estate attorney before committing to a long-term lease.

      Are you involved in a boundary, fence, tree-cutting or other neighbor related controversy?

      An attorney experienced with such cases can help mediate or litigate these matters.

      Leslie A. Levy has been practicing real estate and business law in the Bay Area for over 30 years. She will either refer you to the appropriate legal advisor within SRG or refer you to a lawyer outside of our Company. She can be contacted by phone at 510.222.2200, by e-mail at lal@levylaw.biz, or on her website at www.levylaw.biz. Her office is located at 1718 Solano Avenue, Berkeley, CA 94707