We Provide Practical Solutions
If you are a real estate owner, developer, broker, agent, owner/operator of real estate offices, escrow office, company, contractor, subcontractor, architect, engineer, landlord, tenant, or any other individual or company either making a living in, building a retirement through, or just inhabiting, real estate – whether residential, commercial, or industrial – we are your “go to” law firm.
You need practical solutions and we provide them. If an escrow can be closed, if a deal can be made, if a profit can be preserved, if a dispute can be avoided or a disagreement resolved, we do it, and we do more of it than any other law firm in the South Bay area.
Our analytical comprehension of real estate transactional documents is exceeded only by our ability to apply the terms and conditions of those documents to real life situations and plain resolutions of problems.
Acquisitions and Dispositions
For over 40 years, we have fine-tuned our knowledge and expertise in the real estate field, specifically as it relates to guiding a purchaser or seller through the acquisition process.
We work extensively in the acquisition and sale of both residential and commercial properties. From participating in the negotiation, drafting and execution of a purchase and sale contract, to overseeing due diligence, coordination with brokers, title companies and other third parties, and the interaction with lenders when applicable, we are willing and able to assist in as much as, or as little as, each individual client desires.
We also advise on the most advantageous way of holding title to real estate, whether, joint tenants, tenants in common, or, as California is a community property state, community property. Our goal and expectation is to ensure that the passing of title be smooth, timely and without unexpected last minute surprises, to reduce the stress and expense of the transaction to all parties involved.
Financing
We represent individuals as well as billion-dollar institutions in securing debt financing for the acquisition and refinance of residential, commercial and development properties. We advise borrowers and to some extent lenders on mortgage loans, mezzanine loans, CMBS loans, balance sheet loans, bridge loans, hard money loans, construction loans, development loans, Fannie Mae loans and traditional residential loans. Once the loan has closed, we assist our clients in loan administration, loan modification, loan restructuring and loan defeasance.
Our firm has an extensive practice in representing sponsors in structuring and documenting syndications for various types of real estate investments. We provide comprehensive services throughout the syndication process, including preparation of investment offering packages, reviewing marketing materials, forming necessary legal entities, determining the appropriate securities exemptions and the preparing and filing of documentation for compliance with securities laws.
We form joint ventures and negotiate joint venture agreements on behalf of both the sponsors/operators as well as the capital sources, in connection with the acquisition, development and financing of all types of real estate.
Leasing
The firm can guide the lease preparation process from beginning to end, whether for landlord or tenant, sole proprietor or major company, 500 square feet or 1,000,000.
A well negotiated and clearly drafted lease document, custom-tailored to meet the specific requirements of the parties to the transaction, facilitates not only ease of drafting, but fewer headaches throughout the term of the lease and a much more comfortable, open and genial Landlord-Tenant relationship. Our lawyers and staff have significant experience with, and a deep understanding of the importance of, this process, and can assist with all lease negotiation processes.
Broker and Agent
Literally, several thousand real estate brokers and real estate sales associates turn to Spierer, Woodward, Corbalis & Goldberg for legal advice. Whether they are commercial, residential, or industrial agents, and whether they are seeking to successfully close a sticky real estate transaction or attempting to avoid or resolve a litigation claim involving their sellers, buyers, lenders or borrowers, we are positioned with the experience, expertise and judgment to consult, represent and advise under all real estate conditions.
For a Realtor® who is concerned that their client may be sued, that they may be sued, that the California Department of Real Estate may be critical of their actions, or where a Realtor® simply needs a fast, and more importantly, an accurate answer, this law firm is the place to turn. We are the last word on contract formation, contingencies, conditions, covenants, deposits, liquidated damages, arbitration, conflict avoidance, conflict resolution, mediation, settlement negotiations, contract negotiations and all other aspects and interests in real estate.
Tax-Deferred Exchanges
Our law firm has been acting as an advisor to exchange clients for more than 40 years. We have structured and managed hundreds of IRS Section 1031 tax-deferred exchanges of all types. This firm has a wholly-owned subsidiary to act as a qualified intermediary in tax-deferred exchanges when appropriate. In other situations, we have affiliations with third party qualified intermediaries who can fulfill that role. In this manner, you can be certain that qualified persons are assisting you in your tax-deferred exchange.
Breach of Contract Disputes
When a dispute arises between a buyer and seller after the sale or purchase of residential real estate, buyers sometimes assert claims of breach of contract against the seller. This can also arise in the context of a failed transaction, in which the seller has declined to close escrow, and the buyer sues to enforce the contract or seeks damages, or where the buyer has refused to complete the transaction after the contingencies have been removed.
Our firm provides practical advice on how to avoid such disputes, or, if a breach of contract claim arises, how it can best be asserted or defended, depending on whether the client is a buyer or seller. We also provide clients with advice on how such claims are best avoided, so as to achieve the best possible outcome at the lowest possible cost to the client.
Fraud and Misrepresentation
Buyers and sellers of real estate often find themselves parties to claims in which either the buyer or seller has asserted claims for fraud or misrepresentation against the other. These claims frequently arise where, for example, a buyer claims that a seller failed to disclose material aspects of a home’s condition. Our firm is experienced in both prosecuting such claims on behalf of buyers, and defending such claims on behalf of sellers.
We are able to identify pitfalls in asserting such claims, or, if a claim has been asserted against a seller, identify potential defenses against such claims. We can also provide sound, practical advice regarding the nature of damages that can be expected in these types of disputes. One area in which our firm is especially useful is in reducing the likelihood of, or enhancing the probability of succeeding in, these disputes before an escrow has closed. We can advise both buyers and sellers on the best ways to avoid such claims, minimize any exposure, or, if necessary, assert such claims.
Evictions and Tenant Issues
Our firm provides representation to protect the landlords’ rights while maximizing their profit for both residential and commercial properties. In the eviction process, our experienced attorneys comply, both substantively and procedurally, with all applicable laws, thereby avoiding delays, unnecessary expense, and possible liability to the tenant for wrongful eviction and/or criminal sanctions.
Foreclosures
In today’s economy, few legal subjects receive more attention than the remedies available to lenders and borrowers when real estate loans go into default. For over 40 years, we have advised lenders regarding loan workouts, loan modifications, and all of the steps leading up to, and including, foreclosure. Over the same period, we have advised borrowers regarding these same topics, as well as foreclosure avoidance measures such as short sales, deed in lieu of foreclosure options, and other negotiable resolutions.
