Question 1

What types of construction defect problems are most common in California?

Accepted Answer

The most common construction defects in California are foundation related, water-related, and roofing related defects. Foundation related defects usually involve cracks in the foundation and building slabs, unevenness in-floor slab, etc. These cracks are frequently caused by unstable soil in reaction to earth movement. Water-related defects include water intrusions, improperly installed plumbing systems, improper drainage systems, etc. Roofing related defects include roof leaks, inadequate ventilation, weathered flashing, etc. Other common types of defects include buckled sliding, over-stressed structural members, difficulty in opening doors and windows, etc.

Question 2

If everything looks fine, can there still be construction defects?

Accepted Answer

Yes. Construction defects can either be readily discoverable by inspection or latent. Most of the litigation arising from construction defects are based on apparent defects. Latent defects are concealed flaws not apparent by reasonable inspection and are usually uncovered by investigation or years after completion of construction. Examples of latent defects include damaged pipes in walls, dampness behind a cabinet, etc. It is important to contact your attorney immediately you discover any. This is due to the time-sensitive nature of those cases.

Question 3

What California Real Estate Transactions Do You Handle?

Accepted Answer

We provide legal assistance to our clients in a wide range of real estate transactions. We provide representation to buyers, sellers, agents, brokers, landlords, tenants, and developers in a wide range of real estate transactions. We negotiate and draft commercial purchase agreements, commercial lease agreements, common roadway use and maintenance agreements, CC&Rs, common ownership agreements, etc. Aside from these, we also offer dispute resolution services to our clients by handling their litigation needs as they require after case evaluation.

Question 4

What is a Real Estate Transaction?

Accepted Answer

As the name implies, real estate transactions simply mean transactions involving land, buildings, and another real estate. They may be of different types ranging from purchase agreement contracts, power of attorney contracts, and contracts for deed to lease agreements. In most cases, real estate transactions begin with a written contract and end with a closing. Usual parties involved in real estate transactions are the seller, buyer, real estate agents, real estate attorneys, and Lender if you have a financing arrangement.

Question 5

When Should I Hire a Real Estate Attorney?

Accepted Answer

Real estate transactions can be complicated and stressful. Hiring an attorney helps you navigate the rigors and ensures the protection of your rights and interests. At various intervals, during the transaction, you may require legal advice which can only be provided by a qualified attorney. Real estate attorneys also review and modify contracts and other relevant documents, explain your contractual obligations, work with your financier, and pursue remedies on your behalf for breach where it occurs.

Question 6

What Are the Most Common Purchase Agreement Problems in California?

Accepted Answer

The devil is in the details as far as real estate purchase agreements are concerned. Drafting from standard templates without paying attention to a specific need of parties, misrepresentation of property are common problems with purchase agreements. Some of the most common problems in real estate transactions are caused by failing to read and understand forms and contracts. It may also be caused by not making your expectations clear to your real estate professional. The bulk of these problems can be averted by hiring a competent real estate attorney.

Question 7

Are there alternatives to going to court to resolve a business dispute?

Accepted Answer

Yes. There is an Alternative Dispute Resolution mechanism for resolving business disputes. The common forms of ADR include mediation, arbitration, negotiation, conciliation, mini-trials, etc. There are hybrid ADR procedures involving two of any of the listed forms. Some of the comparative advantages they offer include party autonomy over outcome and procedure, preservation of existing relationships, flexibility, cost-effectiveness, and timely resolution. In recent times, courts have often recommended ADR measures for resolving conflicts before heading to trial if it fails.

Question 8

How should companies respond to an internal corporate or partnership dispute?

Accepted Answer

Conflicts are inevitable as long as there is human interaction. When they occur in the corporate space they should be looked upon cordially and quickly. Suppression or even litigation may not be the best response to internal disputes. Internal disputes should be preempted and appropriate formal grievance procedures should be included in the partnership agreements and employee handbooks. The best way to respond to internal corporate and partnership disputes is to adopt or refer to alternative dispute resolution measures.

Question 9

Should my company file a lawsuit if our business has been harmed?

Accepted Answer

Throughout our practice, we have discovered that litigation may not be the best option for some business disputes. If your company has been harmed by the action or omission of another, you may recover through alternative dispute resolution measures. There are situations where a lawsuit would be more appropriate especially if you wish to maintain your business relationship. You should hire a competent attorney for an appropriate case evaluation to determine the best option for the best possible outcomes.

Martin Y.

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