Purchase and Sale

Buying and selling real estate includes many risks. Whether you are buying a house or commercial property, an experienced real estate lawyer identifies problems and provides solutions. For example, there could be issues if there is a title defect, a lien, or an unresolved dispute over terms of the purchase agreement, such as contingencies or defect disclosures. An experienced real estate lawyer’s opinion and advice is valuable protection for potential property buyers and sellers.

Skilled Real Estate Lawyer – Commercial Property

Kristina Reed is experienced in advising business owners in all of the legal issues that may be involved in the purchase or sale of commercial property, including:

• Drafting broker contracts and agreements
• Environmental claims, such as buried gasoline tanks or contamination
• Land use and development
• Zoning ordinances
• Real estate foreclosures
• Commercial leases
• Breach of purchase agreement claims
• Resolving title issues such as easements, mechanics liens, tax liens, and litigation attachments
• Eminent domain and condemnation claims
• Property defect and misrepresentation claims

Experienced Real Estate Lawyer – Residential Property

Regardless of what your real estate agent my say or imply, the terms of your residential real estate purchase contract are always open for negotiation. You can strike out, change, or alter any term or provision in your contract that is not in your best interest. You should never just automatically agree to the terms in any contract – You should negotiate for the terms that best protect you.

A lawyer experienced in real estate law and contract review can review your residential real estate contract, advise you of the pitfalls, recommend changes, and aggressively negotiate the terms that will protect you. California residential real estate attorney Kristina Reed is experienced representing individuals and companies in a wide array of real estate matters, including negotiating real estate purchase agreements.

The California Residential Purchase Agreement

If you are buying a home, your agent will, more than likely, give you a California Association of Realtors, captioned California Residential Purchase Agreement and Joint Escrow Instructions/Buyer’s Inspection Advisory, contract to sign. This contract contains 10 pages of pre-prepared, very specific and detailed legal language and clauses. California law does not require that buyers and sellers of residential property use the pre-printed forms. But, these forms are the most common contract that real estate agents and lenders use for residential real estate transactions. These forms are negotiable and you should negotiate to protect your interests.

Mediation and Arbitration Clauses

The California residential real estate purchase contract was modified in April 2010. The new contract still includes the automatic mediation and arbitration clauses. Typically, your real estate agents will recommend that you initial and agree to both the automatic mediation and arbitration clauses. These clauses are not necessarily in a buyer’s best interest. As a buyer, when you sign the contract, you will have no idea what claims you may have from a real estate purchase – a buyer’s claim may range from mold and mildew, to structural defects, or to an undisclosed death in the home from a communicable disease. As a buyer, you should strongly consider whether the mediation and arbitration provisions are in your best interests. As an experienced real estate lawyer, Kristina Reed can advise buyers on their risks and options.