Luxury Estates and Land Purchase Transactions, Leasing, Private Secured Financing.
We represent U.S. and international buyers, sellers, landlords, tenants, real estate agents, brokers and finders in transactions involving the purchase, sale, optioning and leasing of luxury residential estates and land and luxury condominium units. For purchase transactions, we represent our clients from the listing agreement, preparation of or response to offers, negotiation of the purchase agreement and resolution of any disputes that may arise during escrow, through the close of escrow and post closing issues. This includes real estate seller and third party financing of the transaction, tax deferred exchanges, installment sales and commission and finder fee agreements.
We are highly experienced in negotiating real property purchase agreements, implementing the transaction through close of escrow and resolving any difficult or unanticipated: title, repair, disclosure, inspection, easement, mold, subsurface oil intrusion, encroachment and buyer financial issues; delays in closing due to extensive repairs, lender issues or the difficulty of foreign buyers to transfer funds to the U.S.; and difficult parties, escrow officers and agents. In addition to our specifically drafted contracts and contract provisions, to accommodate real estate agents we also have access to and work with the C.A.R. forms library. We have been involved in residential transactions valued today as high as $100,000,000.00.
Tax Deferred 1031 Exchanges (Investment and Rental Properties), Multi-Property Exchanges.
We represent parties in tax-deferred 1031 exchanges involving residential investment and rental properties and commercial real estate, including reverse and construction exchanges, multi-property exchanges and exchanges with installment sales.
We Represent International Clients Purchasing and Investing in Luxury Estates and Real Estate LLCs and Partnerships.
When international persons or entities who are not U.S. tax residents intend to purchase or invest in a U.S. luxury estate, there are various alternative ways they can structure and directly or indirectly own and hold title to the property with pragmatic, gift and estate planning and U.S. income tax issues associated with each structure. We counsel international clients on the alternatives and represent them in the purchase or investment transaction and, when applicable, establishing and implementing a corporation blocker and LLC as part of the ownership structure.
Letters Of Intent, Non-Disclosure Agreements.
To protect the confidentiality of the identities of parties to residential and commercial real estate transactions and the confidentiality of the information exchanged in the negotiations and thereafter, when appropriate we prepare Mutual Nondisclosure Agreements which can be drafted as a separate contract or combined with binding or non-binding Letters Of Intent.
Development, Construction, Architecture, Design, Design-Build Of Luxury Estates and Condominium Units.
With our hands-on construction background, we provide legal counsel to developers, builders, property owners, contractors, architects, engineers and designers involved in the development, new construction, expansions, remodels, architectural and interior/exterior design, design-build and complete furnishing and decorating of residential estates and estate compounds and luxury condominium units. This includes resolving land use and permit issues, negotiating and drafting construction, construction management, design, architectural, design/build and engineering contracts and related documents, negotiating construction and permanent financing loan agreements and guaranties and working out construction contract related problems and mechanic's lien issues that may arise.
Easements, Deed Reservations and Reversions, Life Estates, Conditional Transfers, Neighbor Agreements, CC&Rs.
We draft insurable, comprehensive easement agreements and easement maintenance/use agreements and deeds reserving easements for mutual or exclusive right of way and roads, maintenance of utilities, view protection, air rights, fence/wall maintenance, landscaping, encroachments, slope support, sewers and drainage, easements for many other exclusive, non-exclusive, personal, temporary, perpetual or limited purposes and time periods and agreements between neighbors for mutual entry gates, fences and trees. We draft insurable covenants, conditions and restrictions for a variety of purposes including building height limitations to secure light and view preservation for oceanfront and hillside estates. We also prepare deeds conveying life estates and conditional transfers subject to conditions precedent and subsequent and deeds with reservations, reversions and future interests.
Land Use Approvals, Subdivisions Map Act Compliance.
We represent clients processing and negotiating residential land use approvals including:
•Parcel map land divisions for residential and commercial properties and vacant land;
•Conditional and unconditional Certificates Of Compliance;
•Lot line adjustments; and
•Covenants and agreements as a condition of application approval.
Real Estate Title Holding, Transfers Between Co-Owners, Tenants-In-Common Agreements.
We counsel family members and unrelated co-owners on methods for holding record title to real estate and agreements for the management, development, transfer and sale of family and co-owned real estate. This includes issues involving separate and community property, joint tenancy, tenants-in-common and tenants-in-common agreements and transfers between co-owners and related property tax reassessment issues.
Real Property Title Holding Trusts for Confidentiality of Ownership.
Aside from estate planning purposes, title to residential and commercial real property and other recorded property, contract and royalty rights can be held in the name of a title holding trust rather than in the name of the legal owner, to protect the privacy of the owner and public disclosure of the owner's identity- as long as someone other than the owner is the trustee of the trust and the name of the trust does not include the name of the owner. These are usually revocable trusts with the trustee, who can be the owner's business manager, accountant or attorney, governed by the terms of the trust. The trust can be the owner's primary revocable living trust or the trust can provide for distribution of the trust property into the owner's estate planning trust upon certain terminating events.
Commission and Finder Fee Agreements.
We represent properly licensed real estate brokers and agents and unlicensed finders in connection with contracting for and securing compensation for bringing a buyer, seller, tenant or joint venturer to a real estate transaction or arranging for real estate financing. This includes receiving compensation at the close of escrow or at the back end of the project.