By the time you’re ready to sign the sales contract for the purchase of property, you’ve already gone through a lot of preparation. You’ve inspected the property, negotiated a price, secured financing and set a closing date. After such a huge investment, it’s good for...
How do residential and commercial leases differ?
Whether you lease the property to tenants or you play the role of a tenant, you likely heard the warning. Commercial and residential leases do not run parallel to each other. Protections for landlords of these property types also differ. While residential leases tend...
New Case Update: San Joaquin Regional Transit District v. Superior Court & Menges v. Department of Transportation
Two important cases were published in December 2020 by the California Court of Appeal that have particular relevance to BDG’s public entity clients. The first case, entitled San Joaquin Regional Transit District v. Superior Court (DSS-2731 Myrtle) et al., was an...
Contamination, environmental due diligence and site assessments
Before selling commercial real estate to you, the owner should conduct an environmental site assessment to ensure that there is no hazardous substance contamination. According to FindLaw, even if you insist that the seller conducts an assessment, you may also want to...
What is a spite fence?
Fences often cause disputes between neighbors, and California has quite a number of laws pertaining to fences and disputes over them. These laws seek to find a fair balance that allows both parties to enjoy their own properties without infringement by the others....
Understanding breach of contract in real estate
Buying or selling a home requires numerous steps and contingencies. When a buyer makes an offer and the seller accepts, there is a real estate contract in place. This contract is legally binding, and if either party does not fulfill the contract’s obligations, this is...
Frustration of purpose and temporary closure
During temporary government-mandated closures of businesses, the tenant of a commercial lease may find it difficult or impossible to make the payments. Does the law provide any protection from eviction for tenants for nonpayment of their leases under these...
What is a fraudulent conveyance?
Fraudulent conveyances go by many different names, including fraudulent transfers and voidable transactions. California law favors the lattermost as of 2016. Though the names vary, the purpose remains the same: To prevent a creditor from taking possession of a...
Do easements transfer when property changes hands?
An easement often evokes a level of concern in property owners and prospective buyers. Its existence can feel like a burden or obstacle to each party’s goals. When considering a real estate transaction, you should not only take the time to uncover any easements, but...
