Search
Close this search box.

Real Estate

Real estate is a significant investment for property owners, landlords, and businesses. A problem with a real estate transaction can cost a business significant time and expense. An experienced California real estate attorney will review transaction documents, examine records, and review title reports to ensure there are no costly surprises.

A real estate attorney can also negotiate the terms of a lease or real estate transaction to ensure your interests are protected. If a problem does arise with a tenant, property owner, or contractor, the experienced real estate attorneys at Zimmer & Melton will be able to handle the litigation to represent your interests. Contact Zimmer & Melton, LLP, for help with your real estate legal issues.

CALIFORNIA REAL ESTATE LAWYERS

We represent businesses, individuals, and family companies in handling all aspects of real estate law, including transactional and litigation issues. Our experience in real estate law includes:

  • Title searches
  • Title disputes
  • Deeds of trust
  • Loan transactions
  • Retail leases
  • Commercial leases
  • Industrial leases
  • Lease and sublease negotiation
  • Easements and licenses
  • Environmental mitigation
  • Landlord/Tenant disputes
  • Construction disputes
  • Lien Enforcement
  • Representing farmers and agribusiness
  • Regulatory compliance

AGRIBUSINESS REAL ESTATE PRACTICE

The agricultural industry and farming can be unpredictable and the business can change from year to year based on the market, the weather, and regulatory compliance. When negotiating agricultural or farm leases, property sales, and land use agreements, it is important to have an attorney who understands the needs of farmers and agricultural companies.

In negotiating agricultural or farm leases, the parties should consider the potential for liability and how each party may be impacted by property damage from natural and man-made causes. Many of these issues can be ironed out before signing any agreement by having an experienced and knowledgeable real estate attorney review all documents, negotiate terms, and prepare contracts that will protect you in the event of unexpected property damage. A farmland or agricultural property agreement should also address:

  • Terms of termination
  • Notice for termination
  • Subletting and assignment of the lease
  • Agricultural or farm leases
  • Permanent crop leases
  • Grazing leases
  • Cash-lease or crop-share lease or a combination of
  • Maintenance of fences, irrigation, and other property assets
  • Permitted and non-permitted use of the land

COMMERCIAL PROPERTY NEGOTIATION

Commercial real estate transactions can be more complex than residential property transactions. A commercial property sale, purchase, or lease can involve multiple parties, and often involve balancing a number of factors, including:

  • State and local zoning
  • Consideration of neighboring tenants
  • Build-out requirements
  • Insurance coverage
  • Traffic and parking
  • Contamination and mitigation
  • Lien and title clearance
  • Lender approval

COMMERCIAL, INDUSTRIAL, OFFICE, AND RETAIL LEASES

Before signing a commercial, industrial, or retail lease, talk to your lawyer about the potential risks and concerns with the property and lease agreement. Commercial property agreements may have the potential for volatile pricing terms that may leave the tenant will little room for negotiation when they receive notice of higher rents. Tenants should consider the basis for raising rent, limits on raising rent, and notice requirements when looking at properties.

Another problem that may be out of the tenant’s control after they sign the agreement is dealing with other tenants. If another tenant moves into the same building, that tenant’s business can negatively impact the other. Before signing a lease, a prospective tenant should review the parking, operating hours, noise levels, types of businesses allowed by zoning or the property owner, use of common areas, and competing businesses.

COMMERCIAL, INDUSTRIAL, AND RETAIL LANDLORD LITIGATION

Property owners and landlords take on some level of risk when deciding to lease to a business. Most of those risks involve property damage or financial problems of the renter. Even after a lessor violates the terms of the property agreement, it may be difficult to evict the renter and collect any unpaid rent or damages.

While commercial property landlords are not as limited as residential property landlords in evicting tenants, tenants may still use the laws to delay the eviction for as long as possible. As soon as a landlord suspects a tenant may be violating an agreement, conducting unpermitted business, or possibly damaging the property, the landlord should contact an experienced California commercial property litigation lawyer. The attorney can make sure you take all the necessary steps to quickly evict a problem tenant and avoid costly delays and damages.

Similarly, if a business is having a problem paying the bills, there is a chance the business will fail, leaving the landlord with unpaid rent and property repairs. Your attorney can act quickly to secure assets in the event of a bankruptcy or failing business.  

REAL ESTATE TRANSACTIONS

Real estate transactions represent significant investments in a company. Real estate leases and property agreements may tie a business to a certain location for years, with expensive consequences for violating the lease agreement. Before signing your business up for a multi-year lease, talk to your attorney to review the terms of the agreement, negotiate for more flexibility, and make sure the property is fully vetted.

Business real estate transactions may also require bank or financial institution loans. Business owners may be bullish on the company’s future prospects, but it is important to consider what will happen if things go wrong. An experienced business attorney can review the financial documents and loan agreements to make sure your investments are protected.

Buying a commercial property, industrial site, farmland, or other business real properties can come with unknown problems. Only after the purchase, the new owner may find construction defects, hazardous waste contamination, or regulatory changes that conflict with the business owner’s intended use of the property. Before making such a large purchase, your attorney should review all documents and negotiate or make changes to provide for contingencies that could affect the value of the property if problems arise in the future.

EXPERIENCED REAL ESTATE LAW ATTORNEYS IN THE SOUTHERN SAN JOAQUIN VALLEY, INCLUDING BAKERSFIELD AND THE REMAINDER OF KERN COUNTY

Commercial, farming, and agricultural leases and property transactions should be reviewed by an experienced real estate lawyer in California to ensure all risks are addressed and negotiated to put your business on the right track. At Zimmer & Melton LLP, we have helped our clients protect their assets and represented their interests in court. Contact us with any questions on real estate law and for experienced legal representation.