Real Estate Law
The firm’s real estate practice is supported by multiple attorneys from the litigation, construction and business practices. Our extensive experience allows us to effectively represent businesses and individuals regarding real estate transactions. We have developed a special expertise with respect to ADA compliance and defense matters. Our firm has experienced counsel familiar with handling mediation, arbitration and litigation of matters throughout the Bay Area and California.
Our firm’s attorneys provide real estate services in a number of areas, including:
Real estate purchase and sales
We advise sellers, buyers and brokers on all issues related to the purchase and sale of real estate, including contract negotiations associated with purchases and sales of land, office buildings, apartment complexes, storage facilities and shopping centers; disclosure requirements and due diligence, title diligence, title examination, physical condition of properties, zoning and regulatory matters, transfer and other tax issues, and liquidation of businesses with real property assets.
Real estate litigation
We provide a full range of services relating to dispute resolution including litigation as well as restructuring financial obligations, recovery of secured or unsecured assets, loan participations, modifying the relationship of debt and equity, managing and enhancing assets, or acquiring new assets, purchase/sale contracts and options, acquisition, post-closing adjustment, specific performance and escrow matters, as well as rescission and other fraud/mistake claims.
ADA compliance and defense
Our ADA Compliance team is devoted to helping clients achieve state and federal accessibility compliance to mitigate against exposure to expensive litigation. Complying with ADA and California disability laws is a business reality and necessity. Under the ADA and other related legislation, property owners and businesses must take appropriate steps to accommodate individuals with disabilities. Because disabled persons, advocacy groups and the DOJ can bring lawsuits against owners to enforce compliance with the ADA, SMWB can perform accessibility-compliance audits that cover ADA standards for commercial facilities. We can assist in analyzing your property and/or business for accessibility issues, make cost-effective recommendations and develop the best compliance strategy for your situation. SMWB’s compliance recommendations can help clients avoid costly litigation.
SMWB has significant experience in defending ADA actions brought against businesses in both state and federal courts. ADA actions can be filed against property owners and businesses, large and small, including restaurants, hotels and motels, retailers and any other business. Moreover, ADA lawsuits are on the rise. SMWB is experienced in defending businesses, employers, landlords and tenants against suits for non-compliance under the ADA and state accessibility laws. We can quickly analyze the merits of a case and aggressively defend our clients’ interests. We advise our clients to address the accessibility issues and access barriers as promptly and cost-effectively as feasible. When appropriate, we help them settle cases expeditiously through negotiation or the Alternative Dispute resolution process.
We represent landlords and tenants in all types of commercial leasing transactions including negotiating and drafting real and personal property leases (including space leases), ground leases, equipment leases, retail leases, office leases, industrial leases, warehouse space leases and leveraged leases as well as handling assignments, landlord-tenant issues and broker-related transactions.
Our experience in real estate transactions and dispute resolution includes review, analysis and resolution of title issues.
Easement and license disputes
We have assisted our clients with a number of easement and license related real estate disputes both through successful verdicts at trial and negotiated resolution.
Real estate broker and agent commission disputes
We have represented brokers, agents and property owners in the resolution of commission disputes.
Our clients who have successfully used the firm’s services on real estate matters include contractors, developers, banks, individuals and businesses.