Luxury Estates and Land Transactions, Development, Construction, 1031 Exchanges, Reversions, Easements, Land Agreements

Luxury Estates and Land Purchase Transactions.
We represent U.S. and international buyers, sellers, real estate agents, brokers and finders in transactions involving the purchase and sale and optioning of luxury residential estates and land and luxury condominium units 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, exchanges with installment sales and LLC swap and drop, drop and swap exchanges. We also represent clients in multi-property exchanges which include the above mentioned real estate and IRC 1245 property.

We Represent International Clients Purchasing and Investing in Luxury Estates and Commercial Property.
When persons not U.S. tax residents intend to organize, purchase or invest in a luxury estate or commercial property, 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 method. We counsel international clients on the alternatives and represent them in the purchase or investment transaction and, when applicable, establishing and implementing an LLC or corporation 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:
•Subdivision Map Act compliance issues;
•Parcel map land divisions for residential and commercial properties and vacant land;
•Conditional and unconditional Certificates Of Compliance;
•Building permits;
•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.

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.