Real estate law governs ownership and use of interests in real property, as well as the standards for conveying such interests and the financing and developing the property. Real estate can be developed or planned for residential, commercial, industrial, agricultural, recreational and conservation uses (among others). Many transactions involve leasing a wide range of right and interests in the real property.
Real Estate from the Ground Up
Real estate is often the highest value asset owned by many businesses and families. Professional advice is therefore important to assure that the value of those assets are protected and enhanced. In addition, real estate is one of the most important assets in the estate plans of many individuals. It justifies careful and knowledgeable treatment in the estate planning process.
Ownership and use of real estate is highly regulated by a myriad of local, state, and federal government agencies. Some regulations seek to assure that communities are well designed and developed. Some regulations more specifically focus on the goal of protecting the surrounding environment.
Businesses of all kinds routinely engage in buying, selling, developing, or leasing real property. Real estate transaction attorneys have a substantive understanding of real estate finance, land use controls, natural resources law and real estate leasing. Sometimes additional expertise in the fields of tax or estate planning strategies is also needed.
McCormick Barstow attorneys have expertise in the many areas required to counsel those engaged in real estate transactions. These include the following:
We represent buyers and sellers of a wide variety of real estate properties throughout the Central San Joaquin Valley.
We help assure that proper title insurance policies and related endorsements are obtained as part of the real estate transaction.
We evaluate existing land use entitlements and assist in other due diligence investigations. These include helping to assure compliance with environmental laws, including the Clean Water Act and federal and state Endangered Species Acts.
We routinely help evaluate the potential ability to obtain enhanced land use entitlements. We also successfully defend landowners when lawsuits challenging new entitlements are brought under the often misused California Environmental Quality Act. We further negotiate and document real estate development and construction agreements and advise about mechanics lien laws.
We prepare the lease documents used by commercial office developments, retail establishments, industrial users and agricultural operations, including long-term ground leases.
We represent lenders and borrowers in real estate secured loan transactions, and in other investments in real estate secured debt.
Not all real estate transactions are successful. Real estate lawyers must be in position to advise lenders, borrowers, partners, landlords, tenants, and developers when a transaction goes bad.
Litigation in the real estate area involves the representations of real estate owners, buyers, sellers, lessors, brokers, lenders, and developers in, among other things, contract disputes, mechanics lien and construction disputes, eminent domain proceedings, title disputes, loan service and foreclosure issues, and bankruptcy.