Articles Tagged with real estate

AdobeStock_410226771-300x200The U.S. real estate market has been drastically changed by the effects of COVID-19. In the years before the pandemic, demand had already begun to outpace supply, but this problem became much worse very quickly when a global pandemic upended the market. The strong seller’s market is likely to continue throughout 2022. Learn more about interest rates, the factors that affect a real estate market, and how the corporate lawyers at Structure Law Group can help your business navigate these challenges.

Interest Rates

One of the key factors driving the real estate market has been low interest rates. Interest rates have, in fact, been at record lows for several years now. Low interest rates allow homeowners to borrow money at a low cost. Low mortgage rates lead to more homebuyers, which has slowly tipped the real estate market in favor of sellers. But there has also been inflation in 2022. For the first time in years, interest rates across the economy are starting to rise. So how will this impact the real estate market in 2022? Forbes spoke with three economic experts about their predictions for mortgage interest rates in 2022. Though their estimates ranged between 3.4 percent and 4.0 percent, all three experts predicted an increase in mortgage interest rates by the end of 2022. Rising interest rates tend to discourage some sellers from buying. While the rates can take some of the pressure off the current sellers’ market, it is important to understand that it is just one factor in a complex economy. Other factors will also determine whether 2022 sees a weak or strong real estate market.

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A lis pendens, or Notice of Pendency of Action, is a legal notice which is filed with the recorder’s office that provides notice that there is legal action pending against the parcel of real property at issue. This area of law can be complicated, but at a minimum, it is important to understand that a lis pendens action can prevent sales and other legal transactions with respect to your real property, as the property will be found to not have “clear title” upon a basic title search.  A California real estate attorney can help you and your business resolve all matters related to lis pendens notices.

The Basics of Lis Pendens in California

In much the same way that a recorded property deed gives notice of an ownership interest, a Notice of Pendency of Action gives notice of a legal interest in real property. Both types of notice are considered to be “constructive”. This means that even if a third party does not actually find the recorded notice, he or she could have with a simple search and is legally deemed to have received notice of the action. The third party is therefore bound to the notice whether or not it was actually discovered.

There are many different types of businesses in which you can invest and earn profits, many of which that involve real estate. One important investment opportunity is a real estate investment trust, or REIT. This type of investment was created by Congress to give stockholders the opportunity to reap benefits from income-producing real property without having to go through the entire process of purchasing the property. There are different types of REITs and also many regulatory requirements for this potentially lucrative business endeavor.

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There are three main types of Real Estate Investment Trusts and the following is a brief description of each:

Everyone knows what they say about real estate: location, location, location. This same axiom is definitely true for many businesses too. While some businesses may operate out of homes and employ their workforce remotely, many operations require a physical location to which workers and customers go on a daily basis. For example, stores, restaurants, and other locally-serving businesses always want to have a prime location with lots of foot traffic and easy access in town. Others, such as manufacturers, need large warehouses with affordable rent and room for all their equipment. While many business owners choose to own their building, many others do not have means to do so, or may not want to commit to one location long-term. For these reasons and more, many business owners lease their commercial spaces.

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For any type of lease agreement or contract, you want to be sure that all of the provisions are fair and reasonable. A proper lease will set out your rights as a tenant, and you want to be sure it does so adequately. A commercial lease will also designate your responsibilities as a business tenant, and you should be aware of any terms that require unreasonable or difficult responsibilities from you. Because each of these lease types can be complex documents with confusing legal language, you should always have any potential leases reviewed by a highly experienced business attorney prior to signing.

Of course, you will want to make sure the length of the lease and rent requirements suit your needs. The following are some additional terms your attorney will consider and review:

Many business owners do not hire an experienced attorney for several reasons. Some believe they cannot afford it and others may believe there is no need for a lawyer unless a legal conflict arises. However, it is much more resource-effective (time, energy, and money) to have the guidance of a skilled business lawyer from the very start. Doing so can avoid costly litigation in the first place and will allow you to focus on your business operations and not on a legal case. The following are only some examples of how hiring a business attorney can help to avoid litigation.

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Business contracts – Businesses involve many different kinds of contracts, whether they are with fellow owners, suppliers, clients, or any other party. You may not recognize that a particular contract has unfair or adverse provisions that may leave your business vulnerable to losses or liability. Every single contract you consider signing should be carefully drafted, reviewed, and negotiated by a knowledgeable lawyer to protect your interests and avoid legal liability.

Compliance with business laws – California has a great number of laws that are relevant to businesses, and compliance is essential to avoid costly fines or legal conflicts. Such laws can regulate business formation, licenses, permits, zoning, taxes, employees, and many other issues. As a business owner, it may be challenging for you to identify all relevant laws and to ensure that you comply with them. An experienced attorney will know what steps you need to take to comply with necessary laws.

Contractors, subcontractors, and suppliers have many tools at their disposal to protect their rights under construction contracts. While the mechanic’s lien is one of the most common ways a contractor or supplier can ensure full payment for their services, this type of legal tool can only be used for private construction projects against the private property owners. For this reason, many people who enter into government contracts may wonder what their options may be under the law to make sure they are properly compensated for their work. One of the most important tools under such circumstances is the payment bond.

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What is a payment bond?

Payment bonds are common in many large-scale private construction projects and are further required in by California law for the following:

Too often, a contractor, subcontractor, laborer, or material supplier on a construction job does not receive the compensation they deserve for the work they have performed or supplies they provided for the project. Fortunately, California law provides a method by which contractors and others can pursue adequate payment. If the job is a private construction project, a primary tool for receiving payment is the mechanics lien. The following are some brief explanations for frequently asked questions amount mechanics liens in California.

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What exactly is a mechanics lien?

A mechanics lien is a tool that creates a security interest in the property on which you worked. After a certain amount of time and if payment is not received from the property owner, you can then sue to foreclose on the lien to satisfy the lien amount.

Whether purchasing or leasing commercial real estate, where you decide to locate your business is critical. Some businesses remain in the same location for decades, even though major changes in ownership or operations.Law-300x263

Some businesses are forced to move because they fall behind on rent, outgrow the space, simply close their doors, or other similar reasons. Other businesses, however, may have their location threatened for reasons that are completely beyond their control. In such situations, an owner should contact an experienced commercial real estate and business attorney to determine their options and rights as soon as possible.

Eminent domain can affect businesses

Landlords and tenants may come head-to-head in property disputes when an occupant breaks the rules of an their lease agreement. Knowing how to navigate a potential breach of lease is important for landlords when dealing with tenant issues.

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What is Breach of Lease?

A real estate lease is a contract that outlines the landlord and tenant’s responsibilities regarding the occupancy of the property. Tenants are obligated to follow the rules of a lease agreement or the landlord has just cause to terminate the lease and evict them. A breach of lease is when activities occur that violate the terms of the lease agreement. Here are 3 tips for landlords experiencing issues with tenants. Continue reading ›