Rss Feed Tweeter button Facebook button Linkedin button

Real Estate

Our real estate practice group has a broad range of expertise and experience in matters concerning virtually all aspects of real property. We represent owners, tenants, sellers, buyers and brokers in cases involving all types of property, from undeveloped land to large subdivisions. Our attorneys are experienced in negotiating contracts and leases, and have successfully tried many cases involving disclosure claims, easements, nuisance, trespass, injunctions, title and title defects, condemnation and inverse condemnation, premises liability and civil liability for criminal acts, land use compliance, zoning, adverse possession, quiet title and housing discrimination.

Landlord May Not Recover Cost Of Repairing Damage To Leased Property Without Terminating Lease

Sunday, February 27, 2011
By James Ficenec
Landlord May Not Recover Cost Of Repairing Damage To Leased Property Without Terminating Lease

A commercial tenant is typically obligated by its lease to maintain and repair the leased property.  If a tenant breaches those obligations, the landlord may notify the tenant of a default in the terms of the lease and, if the tenant does not cure the default, terminate the lease. However, if the landlord does... »

Lessor’s Conduct May Result in Waiver of Leases of No-Waiver Clause

Saturday, February 26, 2011
By James Ficenec
Lessor’s Conduct May Result in Waiver of Leases of No-Waiver Clause

Most commercial leases contain a clause stating that the landlord’s acceptance of less than full performance by the tenant does not constitute a waiver of the landlord’s right to demand full perfomance.  These clauses are commonly known as “no-waiver” clauses. In a recent California Court of Appeal decision, Gould v. Corinthian Colleges, Inc., the... »

Residential Borrower May Enforce Lender’s Promise to Negotiate Loan Modification

Thursday, February 24, 2011
By James Ficenec
Residential Borrower May Enforce Lender’s Promise to Negotiate Loan Modification

A residential borrower who relies on a lender’s promise to negotiate a loan modification may have a claim against the lender if the lender breaches that promise.  In a recent case before the California Court of Appeal, Aceves v. U.S. Bank, the plaintiff homeowner alleged that she filed a petition in bankruptcy to avoid... »

Regulation In Effect At Time Of Property Owner’s Acquisition Not Sufficient To Constitute A Taking

Sunday, December 26, 2010
By James Ficenec
Regulation In Effect At Time Of Property Owner’s Acquisition Not Sufficient To Constitute A Taking

A fundamental principle of constitutional law is that the government may not take private property without just compensation.  In the context of real estate, a taking may occur when the government occupies the property (to build a public road, for example).  A taking may also occur through laws regulating the use of the property,... »

Real Estate Brokers And Agents Must Disclose Property Overencumbered By Debt

Thursday, October 7, 2010
By James Ficenec
Real Estate Brokers And Agents Must Disclose Property Overencumbered By Debt

California law requires real estate brokers and agents involved in the sale of residential real estate to disclose facts materially affecting the value or desirability of the property.  In a recent case, Holmes v. Summer, the California Court of Appeal held that this obligation includes an obligation to disclose that the debt on the... »

« Older Entries