Real Estate Law
Gerro & Gerro focuses on property law. As real estate brokers, we have experience in property transactions and management. In addition, we can assist with all of the following areas of property law:
- Investing. Real estate can generate great profits if managed correctly. As lawyers and businessmen, we can assist in maximizing the value of your investments. We understand the impact of interest rates and can review loan documents. We keep abreast of the real estate market in various categories to advise clients to improve their position in an ever-changing environment.
- Purchase-Sale Transactions: We can guide you through the process of purchase and sale, including negotiations, contracts, due diligence, disclosures, title issues and escrow. We will draft or otherwise interpret the legal documents on your behalf. We understand the norms and customs of a transaction and escrow. Real estate brokers also rely upon us for legal advice to handle commercial, industrial, office, residential, and other types of property transactions.
- Title: Title refers to the legal ownership of real property. We can oversee title by determining ownership, preparing deeds, and securing loans. We recommend the best manner to hold title or to determine a legal organization to own real property. We will discuss the benefits and detriments of owning property either individually, jointly, tenancy in common, community property or through a vehicle such as a partnership, limited liability company (LLC), or corporation.
- Taxes: Property is affected by federal income taxes, estate taxes, state taxes, property taxes and transfer taxes.
- Landlord-Tenant: We draft, negotiate, and review all types of leases. Also, if owners and tenants disagree as to their rights and responsibilities, we can interpret lease terms and provisions. We do not handle evictions.
- Co-ownership: We draft agreements to facilitate the relationship between co-owners and to define and memorialize the rights and obligations of each owner.
- Easements: The right to use another’s property is an easement. Most of the time, when neighbors share a driveway or resolve a boundary dispute, that relationship usually entails a written and recorded easement. We negotiate, draft, interpret, and determine the enforceability of easements.
- CC&Rs (Covenants, Conditions and Restrictions): We review the rules and restrictions governing your property. Many condominiums and housing subdivisions are governed by recorded covenants, even if you never read or agreed to them! They are inherited from the prior owner and “run with the land.” If your unit is part of a HOA (Homeowners Association), then we can interpret the covenants and restrictions so that you can understand its structure and governance.
- Development: We can assist with issues involving zoning, land use, development and the ever-changing building ordinances. We understand contracts for property management, maintenance, construction, management, and improvements (both operational and capital).
- Property Insurance: If your property has been damaged or you sustain related losses, that damage may be covered by insurance. We can interpret the policy and insist upon rightful coverage.