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DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-
Ontario Real Estate Litigation Attorney
December 15, 2019
How do I know if I have a Valid Real Estate Contract?
A real estate contract must have several elements to be valid in California. To ensure you have a valid real estate contract, consult an experienced real estate attorney. A real estate lawyer can review the terms and help you understand your rights and obligations. If necessary, the attorney can negotiate on your behalf for a better outcome. Real estate contracts frequently include language for remedies in the event one party breaches the terms of the contract. When a real estate contract is valid and enforceable, one party can sue the other for breach of contract, interference with another existing contractual relationship, fraud, failure to disclose facts, and other reasons.
December 1, 2019
How to Minimize the Risk of Construction Dispute
Whether you are the developer, contractor, supplier, homeowner, subcontractor, commercial property owner, or another party involved in the construction of new buildings or the remodeling of existing structures, you want the project to go smoothly. In the perfect world, it will be completed within the budget and timeframe that has been allotted. In the real world, sometimes there are unexpected curves thrown in the way. When this happens, it is necessary to take a look at the construction contract to determine exactly what was supposed to happen, when it was supposed to happen, and who was supposed to handle this part of the project.
The construction contract, when crafted properly, is basically the roadmap for your entire project. The contract legally binds all parties in a business relationship and each party is contractually obligated to satisfy the terms of the contract. If an element is missing from the contract, the project may incur costly delays. If one party thinks something is being handled in a certain way, but the other party is unaware or continues with the wrong materials, the work may need to be redone and permits may be put in jeopardy. This type of miscommunication and misinterpretation of the project’s goals can be avoided when the contract is properly written.
The construction contract can help you realize the highest possible profits while also protecting you and/or your business from liability. Contract disputes are often the cause of construction disputes. At the Law Offices of Robert Spitz, we have been handling complex construction disputes for more than 40 years. We draft, negotiate and review these contracts to ensure our client’s interests are safeguarded and the terms and conditions consistent for the project’s success.
Many times, homeowners and property owners are excited to get the process started. It is understandable that you want to see progress as your vision becomes a reality. However, it will be better in the long run to take a few minutes before signing the contract to make sure you understand your obligations and make sure certain details are not left out. You may also want to contact an experienced construction attorney to review the contract.
November 15, 2019
Establishing an Easement in California
An easement allows for the legal use of property, or a portion of property, by others. Different types of easements are created in different ways. An above ground or underground easement may be necessary for use by a utility company. An easement by prescription happens when a property is accessed regularly by others over a certain period of time. There are numerous types of easements and these are generally established through court action. An experienced real estate attorney can help you when establishing or refusing an easement on your property. In easement and boundary disputes, the claimant may bring a title lawsuit to establish a right to the real property.
November 1, 2019
Refusing Eminent Domain
As a homeowner, business owner, or rural property owner, you naturally want to protect your assets. California’s eminent domain laws allow the government to seize any property and repurpose it for public use. Several cases reveal these laws to be somewhat vague, and sometimes the court rules in favor of the defendant. For an area to need redevelopment, the city or state must show the area is blighted. However, case law shows the legal standards for this are subjective. If you have received notice that your property or business has been identified for the condemnation process through eminent domain, you may be able to fight this legal action. An experienced real estate attorney can fight for your rights in an eminent domain case.
October 15, 2019
How can Zoning and Land Use Laws affect Your Property?
A property can only legally be used in the manner prescribed by local zoning and land use laws. When the federal, state or local government passes legislation to change the zoning laws, your property may be affected. Homeowners and business owners face complex challenges when new restrictions and rules are placed on parcels of property. Often, these new laws affect thousands of property owners. In some cases, land is identified for economic redevelopment. Homeowners may be forced to relocate out of a business zone. In other cases, land may be identified for use by wildlife. These environmental laws may require businesses and homeowners to move or modify in order to operate within specific areas which minimize any negative impact on wildlife.