Articles Posted in Commercial, Real Estate and Construction Loans

AdobeStock_537418940-300x169Texas has been one of the nation’s hottest commercial real estate markets in recent years. Many companies are looking to relocate to the Lone Star State – especially in tech-friendly areas like Austin. This creates many opportunities for both buyers and sellers and the Texas real estate lawyers at Structure Law Group can help you in this process.

Commercial real estate transactions involve a lot of rules, contracts, and other moving parts. It is not something to be entered into lightly.

Know Your Goals–And Your Finances

AdobeStock_148430185-300x200Structure Law Group LLP’s California real estate attorneys can provide you with top-grade professional representation and guidance in real estate transactions. SLG’s attorneys work with investors, brokers, landlords and tenants in a wide range of matters including acquisitions, leases, transactions, financing, and tax planning.

Here are a few things to keep in mind when dealing with California’s commercial real estate market.

Tips for Buyers

Untitled-design-14-300x214While record inflation may be having a negative impact on home sales nationwide, Texas stands out as a sort of exception to the rule. Multiple housing markets in Texas continued to see increases even while many other parts of the country were suffering.  If you are considering entering the real estate market in Texas, you will want to work with a Texas real estate attorney.

Several statistics and figures outline the continuing growth that Texas is experiencing. Many investors are, in turn, looking to Texas for their next commercial real estate investment project because there is so much potential.

Commercial Real Estate Facts in Texas

AdobeStock_168060971-300x200Prop 19 is now effective in California. The new law makes changes to existing property tax laws, so it is important for homeowners to understand how their tax obligations can change under the new rules. Business owners must also be prepared for changes to property tax assessments on corporate real estate holdings. Learn more about the changes to state property tax laws, what business owners need to do to prepare for these changes, and how a California corporate attorney can help you determine the best way to manage real estate assets held by your business. With advanced planning, your business will be prepared to meet its tax obligations without compromising its financial goals.

What Is Prop 19?

According to the Office of the San Francisco Assessor-Recorder, Prop 19 makes changes to certain state property tax benefits. The law is an amendment to the state constitution that limits certain property tax benefits to make them available to others who need them. For example, this amendment requires an owner who inherits family property to use the home as a primary residence in order to retain the lower property value assessment for tax purposes. On the other hand, a homeowner who is over 55 years of age, disabled, or the victim of a wildfire or natural disaster may transfer a low property tax base on a replacement residence up to three times. These amendments have large impacts on families, especially in the bay area where the value of homes have increased significantly for many individuals who are now looking to pass the property on to their children.

AdobeStock_229466821-300x200For over two years, landlords throughout California have shouldered the financial burdens of eviction moratoria. Federal, state and local laws have limited the circumstances, manner, and time in which a landlord could remove a tenant delinquent on rent or other obligations under the lease. While some would argue these measures were a necessary health precaution during the worst of the pandemic, they shifted the financial burden of missed rental payments onto landlords in most respects. Now, landlords are finally experiencing some relief as eviction moratorium laws expire. Learn more about commercial landlord rights in California under current eviction regulations.

How California Has Handled Commercial Tenant Evictions

Governor Newsom’s latest executive order extended eviction moratoriums on commercial landlords through September 30, 2021. Since that date has lapsed, commercial tenants are no longer protected under the expired law and must rely on state and local regulations still in effect. In sum, commercial landlords may start eviction proceedings against tenants in the counties where no extension has been provided. In some counties, local ordinances have extended eviction moratoriums and protections. Los Angeles County, for example, has created a two-phase tenant protection resolution. Different eviction rules will apply as the procedures are phased in throughout 2022. In Santa Clara County, commercial tenants must now be caught up on at least fifty percent of their arrears, or they could be subject to eviction. Tenants have until August 19, 2022, to be fully paid up on their arrears. Each county has its own rules, so be sure to consult with an attorney about your specific situation.

AdobeStock_330935716-300x169Due to the COVID-19 pandemic, many non-essential businesses have been shut down, resulting in an unprecedented economic downfall for many employers.  In efforts to provide relief for employers, the government has passed the CARES Act, which will allow employers to save costs by deferring their Social Security payroll tax (6.2%) payments.  This deferral period applies to employee wages accrued between March 27, 2020 and December 31, 2020.  Once the deferral period has passed, the employer will be obligated to pay the “deferred amounts” to the U.S. Treasury in two installments.  The first half of the deferred amount of payroll taxes will be due on December 31, 2021, while the remaining half will be due on December 31, 2022.  The CARES Act also applies to all employers regardless of their sizes, including individuals who are self-employed.  The only exception is employers who have already received Small Business Act loans that are forgiven under the Cares Act.  These employers do not qualify for the payroll tax deferral.

Call Us Today to Schedule a Consultation with a Silicon Valley Business Attorney

Contact Structure Law Group at (408) 441-7500. Our experienced Silicon Valley business lawyers know how to prevent business disputes and proactively address other business issues.

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An easement is a legal tool that gives someone else the right to use part of your land. Generally speaking, an easement does not give a party full ownership of that part of the property and instead, will include restrictions on how the party can use the land. Additionally, the property owner retains the right to use their land as they choose, as long as the use does not interfere with the easement holder’s rights.

One type of easement does restrict the property owner’s right to use the land – sometimes, they cannot use that part of their property at all once an easement is in place. These are called exclusive easements and, while they are rare, it is important to understand all implications of this type of easement before you ever grant one.

How an Exclusive Easement is Acquired

Fotolia_171059478_Subscription_Monthly_M-300x200A right of first refusal is an important legal right in business law. It gives a certain party the opportunity to engage in a transaction before another party can do so. The right of first refusal can be used in many different contexts and can be extremely important for many companies. If a right of first refusal is granted and not subsequently honored, it can lead to a legal dispute.

If you are including a right of first refusal provision in a contract, you should always have a skilled business lawyer review the contract to ensure the provision properly protects your rights. We can also ensure the contract allows you the appropriate remedies should another party breach the contract provision.

Situations Involving a Right of First Refusal

Contractors, subcontractors, and suppliers deserve to be paid for the work they complete and the supplies they provide. All too often, however, they are not adequately or promptly paid and find themselves in a payment dispute. Fortunately, the law gives those in the construction industry a legal tool called a “mechanic’s lien” to use to secure their right to proper payment.

Can You File a Lien? Mechanics-Liens-300x199

The first step is to determine whether you are eligible to file a lien in California. Our state only recognizes liens filed by individuals who are in a contract directly with a property owner, a contractor, a subcontractor, or anyone who is a legal agent of those parties.

There are many California requirements for an investor to be a holder in due course.  A holder of an instrument is entitled to enforce the instrument.  However, a “holder in due course” has greater rights under the Uniform Commercial Code (UCC) and the California Commercial Code (COM) than a holder who is not a holder in due course.  Specifically, a holder in due course takes an instrument free from many of the defenses to repayment that might have been asserted against the original obligee or against another assignee or holder not in due course.  An experienced San Jose business law firm can help business owners and investors understand their rights and requirements in order to be a holder in due course.

There are specific requirements that must be met for an investor to qualify as a holder in due course, including that:

  • The investor takes the instrument for value;