Blaylock v. DMP 250 Newport Center LLC: California Court Affirms Defense Judgment in Crawl Space Injury Case

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Background

In a closely watched decision issued in May 2023, the California Court of Appeal examined the merits of the concealed hazard exception to the Privette doctrine in the context of a workplace injury lawsuit. The court affirmed a defense judgment in favor of a property owner who had been sued by an HVAC technician injured after falling through an access panel in a commercial building’s crawl space. Travis Blaylock v. DMP 250 Newport Center, LLC, et al. demonstrates the heavy burden plaintiffs must meet under Privette to hold landowners liable for on-the-job injuries suffered by contractors’ employees.

The plaintiff, Travis Blaylock, was a project manager for Air Control Systems, Inc. (ACS), an HVAC contractor in southern California. In October 2018, Blaylock suffered serious injuries after falling approximately 10 feet through a plywood access panel while working in a cramped plenum crawl space at an office building in Newport Beach, California owned by DMP 250 Newport Center, LLC and managed by DMP Management, LLC (together, DMP). Blaylock had been dispatched to the crawl space to investigate an airflow issue for one of DMP’s tenants.

Blaylock accessed the crawl space through a door on the roof. He was using his cell phone flashlight to illuminate the dark, confined space between the roof and ceiling where the building’s HVAC ductwork was located. As Blaylock traversed the area, he stepped onto what appeared to be a plywood panel flush with the other sections of plywood covering parts of the crawl space “floor.” 

In actuality, the panel was covering an opening that provided access to the crawl space from a storage room one story below. Unaware that the panel was not meant to bear weight, Blaylock plunged through the opening and crashed onto the floor of the storage room, suffering severe injuries.

After his fall, it became clear the access panel was intended to allow entry into the crawl space from the storage area. Importantly, DMP had no involvement in the original design or construction of the building and denied having any knowledge of the panel or its hazardous nature. DMP only became aware of the access point because of Blaylock’s accident.

Blaylock sued DMP for premises liability and negligence, alleging the unmarked access panel constituted a concealed hazard. DMP moved for summary judgment, arguing that under California’s Privette doctrine, it could not be held liable for Blaylock’s on-the-job injury because he was working for an independent contractor over whom DMP exercised no control.

The trial court agreed and granted summary judgment in DMP’s favor, finding no triable issues as to the concealed hazard exception set forth in Kinsman v. Unocal Corp. (2005) 37 Cal.4th 659. Blaylock appealed.

The court of appeal affirmed, holding that Blaylock failed to demonstrate a triable issue because even if DMP should have known the access panel existed (based on its potential visibility from the storage room below), there was no evidence DMP actually knew or should have known the panel presented a hazard to HVAC workers inside the crawl space. The court reiterated the principle that under Privette, a landowner implicitly delegates responsibility for job safety to an independent contractor.

It is important to note that the court rejected Blaylock’s assertion that the inadequate lighting in the crawl space rendered the access panel a concealed hazard. The court stated it was incumbent on ACS, not DMP, to ensure proper illumination within the workspace. Further, had ACS workers conducted a reasonable inspection of the crawl space, they would have recognized that the access panel was unsafe to walk on since it was affixed to the bottom of the ceiling joists rather than resting atop them like the other sections of plywood flooring.

By holding that DMP had no actual or constructive knowledge of the hazardous condition from the perspective of those working in the crawl space, the Court underscored that when applying the concealed hazard exception, the property owner’s knowledge is paramount. The contractor’s ability to discover the danger through inspection is a secondary consideration.

Key Takeaways

  • The Blaylock case involves a workplace injury lawsuit brought by an HVAC technician who was injured after falling through an access panel in a crawl space while servicing an air conditioning system.
  • The court applied the Privette doctrine, which limits a property owner’s liability for on-the-job injuries sustained by employees of an independent contractor. Under this doctrine, the property owner is not liable if they do not retain control over the work.
  • There is an exception to the Privette doctrine when the property owner knows or should know of a concealed hazardous condition that the contractor does not know about and cannot reasonably discover.
  • The court found the access panel was not a concealed hazard because the lighting conditions were the contractor’s responsibility, and a reasonable inspection by the contractor would have revealed the unsafe nature of the panel.
  • The property owner did not know nor have reason to know the panel presented a hazard to the contractor’s employees. Therefore, the exception did not apply and the Privette doctrine shielded the property owner from liability.
  • The key issues were the defendant’s knowledge of the hazardous condition and whether it was concealed from the contractor. Since there was no evidence on these issues, summary judgment for the defendant was affirmed.

Summary

The Blaylock decision demonstrates that under California’s Privette doctrine, a property owner is generally not liable for injuries suffered by a contractor’s employee on a worksite unless the owner concealed a known hazardous condition. This premises liability case illustrates that to overcome the Privette rule of nonliability, an injured plaintiff must show the property owner actually knew of a hidden danger that the contractor could not have reasonably discovered through inspection.

What Is a Zoning Variance and When Do You Need One?

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Zoning refers to legally designating different kinds of properties that can be built in a specific neighborhood or area. Municipalities and counties enact zoning ordinances for dictating and shaping a particular community. It also prevents illegal, inappropriate, or disputed real estate properties from cropping up. Choose an experienced real estate litigation attorney who can help you obtain a zoning variance.

What is Zoning Variance?

Normal zoning laws are put in place to match the classification of a certain property with predefined zones. For instance, every city has a predefined residential, commercial, and industrial area. Industries are usually not allowed anywhere near residential areas. A zoning variance is an exception to these area laws. These are granted on an individual case basis by the local government.

For instance, if you have a non-polluting business, like a seamstress shop, you may be able to get a zoning variance and set up your business in a residential district. Zoning variances help in bypassing zoning restrictions. A single-family residence is of more value when situated beside other single-family residences.

The residential value will drop if the single-family house is situated next to a public library. While getting a variance application accepted is difficult, you may be able to obtain one by working with a tenacious and knowledgeable real estate attorney. This is someone who’s been around the legal corners before and knows what dangers could present themselves.

Common Types of Zoning Variances

There are two main types of zoning variances in California:

Area Variance

Property owners can use an area variance to construct a property that is against the physical requirements of a particular zoning ordinance. For instance, the zoning variance may allow you to construct a building larger than the permissible square-footage restriction put in place by the zoning board.

Property owners are allowed to make changes to their property through area variances. Based on this, property owners should prove that any changes made should not impact the neighborhood in a negative manner. Construction of a detached garage and other additions to the home are a few examples of projects requiring zoning approval.

Use Variance

Use variance allows for the use of land or property in a manner restricted by zoning laws. You would theoretically be able to run a business in a housing district by obtaining a use variance. Moreover, this variance is not as easy to acquire as an area variance. Property owners get the right to use their land in a manner normally restricted under existing municipality zoning regulations.

Owners can use their property contrary to existing regulations. This means there is an added burden of proving that current zoning conditions have created an undue hardship.

Need for a Zoning Variance in California

There are several situations in which you may require a zoning variance. This includes:

  • If you want to build a property on a vacant piece of land.
  • If you are altering or constructing a building in a manner that directly changes its classification.
  • If you want to change the existing use of a building.
  • If you want a piece of land to be used in a manner different from its purpose defined in the zoning classification.

Make Sure You Have a Skilled Real Estate Lawyer on Your Side to Obtain a Zoning Variance

Zoning laws are created by municipalities to protect and safeguard the rights of individual property owners. Land usage sets restrictions for what a property or building can be used for in different areas. Governments use zoning restrictions to protect the quality of life, usage, planning, growth, and environmental implications.

Land use or zoning variance allows for these rules to be set aside. With that said, getting a zoning variance can be challenging. You need to convince the board to accept your application. You will need to prove that without the variance you will suffer undue hardship. A proven real estate attorney can help you get the waiver you need for undertaking the proposed activities.

Your attorney will help you show the following to be considered for a variance:

  • The request won’t harm the neighborhood.
  • Strict enforcement of the land use code will result in severe hardships without the variance.
  • The application and demand are consistent with the spirit and purpose of the Land Use Code.
  • You are not asking for favoritism by comparing with nearby properties.
  • You are asking for the minimum relief.

You need to have an in-depth knowledge and understanding of the California Land Use Code and other relevant laws. The growth and development of an area is regulated by the Land Use Code. Your attorney can help you in effectively proving that you need a zoning variance.

Get Strong Legal Representation from Our Leading Real Estate Litigation Lawyers. Call Now.

At Peterson, Martin & Reynolds LLP, our experienced northern California real estate attorneys have extensive knowledge of zoning and land use variances. Our attorneys have assisted a large number of property owners over the years get successful outcomes by presenting strong evidence and making convincing arguments in their favor. To schedule a consultation, call us at (415) 399-2900 or fill out this online contact form.

 

Legal Challenges in Mixed-Use Commercial Developments

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Mixed-use commercial developments have become increasingly popular in California due to their ability to combine residential, commercial, and recreational spaces in a single project. These developments aim to create vibrant, sustainable, and walkable neighborhoods. Moreover, this innovative approach to urban planning presents unique legal challenges for developers, businesses, and residents alike.

With a knowledgeable commercial real estate lawyer on your side, you can successfully navigate the legal complexities associated with any claim related to mixed-use commercial developments in California.

Zoning and Land Use Regulations

One of the primary legal challenges in mixed-use commercial developments is navigating complex zoning and land use regulations. Local jurisdictions often have strict zoning laws that govern the use and density of properties within specific areas.

Developers must adhere to these regulations while designing a project that seamlessly integrates residential and commercial spaces. Variance requests and rezoning efforts may be required to align the development with the local zoning requirements, and this can involve extensive negotiations with government authorities and community stakeholders.

Contractual Arrangements and Agreements

Mixed-use commercial developments involve multiple stakeholders, including developers, commercial tenants, residential occupants, and investors. Drafting clear and comprehensive contractual agreements is crucial to address potential conflicts and responsibilities among these parties.

Agreements should cover matters such as shared infrastructure costs, maintenance responsibilities, revenue sharing, and dispute resolution mechanisms. An experienced attorney can help ensure that all agreements are carefully drafted, protecting the interests of all involved parties.

Construction and Defect Claims

The complexity of mixed-use developments may lead to construction disputes and defect claims. With various elements, such as residential units, retail spaces, and common areas, constructed by different contractors, coordinating and ensuring the quality of work becomes challenging.

If defects or construction delays occur, it can lead to costly litigation. Hiring the services of a lawyer well-versed in California construction law is essential in addressing these claims efficiently and minimizing financial and reputational risks.

Environmental Compliance

Mixed-use developments often undergo rigorous environmental impact assessments to ensure compliance with California’s environmental laws. These projects must adhere to regulations concerning water usage, waste disposal, air quality, and preservation of natural habitats.

Failure to comply with these environmental standards can lead to costly fines and delays in project completion. Having experienced legal counsel with a thorough understanding of environmental regulations is crucial to avoiding potential legal hurdles.

Access and Easement Disputes

Mixed-use developments may involve shared access points, parking areas, and easements between residential and commercial entities. Disputes over access rights and easements can arise between tenants, developers, or neighboring properties. Addressing these disputes promptly and effectively is vital to maintain the functionality and harmony of the development. Legal guidance can assist in negotiating and resolving access-related conflicts.

Compliance with Disability Laws

California has strict disability laws, such as the Americans with Disabilities Act (ADA) that require mixed-use developments to be accessible to individuals with disabilities. Ensuring compliance with these laws is essential to avoid costly lawsuits and penalties. Legal counsel can guide developers in adhering to accessibility requirements and mitigating potential ADA-related risks.

Taxation and Financial Considerations

Mixed-use commercial developments involve various tax implications, including property taxes, sales taxes, and business taxes for commercial tenants. Navigating the complex tax landscape is crucial to avoid potential liabilities and maximize financial benefits for all parties involved. Consulting with tax experts and legal professionals is essential in understanding and complying with California’s taxation laws.

Community Relations and Public Perception

Mixed-use developments often face opposition from community members who may be concerned about issues like increased traffic, density, and changes in neighborhood character. Engaging with the community early on and addressing their concerns transparently can help mitigate opposition and public perception challenges. Legal representation can play a vital role in facilitating community outreach efforts and navigating any legal challenges arising from community opposition.

Why Litigation May Become Necessary to Protect Your Rights in a Mixed-Use Commercial Development Dispute in California

Litigation may become necessary to protect your rights in a mixed-use commercial development dispute in California due to the complexity and severity of the legal challenges that can arise in such cases. Despite best efforts, parties involved in a mixed-use development dispute may sometimes not be able to reach a mutually acceptable resolution through negotiation or ADR.

When communication breaks down, or parties are unable to find common ground, litigation may be the only way to seek a legally binding resolution. With the guidance of experienced legal counsel, parties can pursue litigation strategically to seek a fair and just resolution, thereby safeguarding their interests and the success of the mixed-use development.

Don’t Let Legal Hurdles Hold You Back – Book a Consultation with Our Seasoned Real Estate Lawyers Today

Mixed-use commercial developments in California offer exciting opportunities for vibrant and integrated urban living. But they also present complex legal challenges that require careful navigation. With our experienced real estate attorneys on your side, it gets easier to anticipate and address these challenges effectively, ensuring that your goals are achieved in the best possible way. Give us a call at (415) 399-2900 or fill out this online contact form to schedule a consultation with our legal team today.

 

Navigating Real Estate Litigation in Cohousing Communities

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Co-housing communities have gained popularity in California as an alternative living arrangement that emphasizes cooperation, shared resources, and a sense of community. These communities are characterized by individuals or families living in separate units while sharing common areas and responsibilities. As with any communal living arrangement, however, conflicts may arise, leading to real estate litigation. A real estate attorney with a focus on litigation in co-housing communities can provide you with strong legal representation and successfully fight for your rights.

Understanding Co-housing Communities in California

Co-housing communities are intentional living arrangements designed to foster a sense of community and promote social interaction. Typically, they consist of private living spaces for each household and shared spaces such as kitchens, dining areas, and recreational facilities. Co-housing communities are guided by principles of cooperation, shared decision-making, and a commitment to sustainability.

Common Real Estate Disputes in Co-housing Communities

  • Property Ownership and Rights: Disputes may arise regarding ownership rights and boundaries of individual units within the community or ownership and maintenance responsibilities for shared spaces.
  • Community Rules and Bylaws: Disagreements over community rules and bylaws, such as pet policies, quiet hours, or use of common facilities, can lead to legal disputes.
  • Maintenance and Repairs: Disputes might arise concerning the responsibility for repairs and maintenance of shared facilities, including determining how the costs should be distributed.
  • Nuisance and Noise Complaints: Conflicts may emerge when one resident’s activities cause disturbances or inconveniences to others within the co-housing community.
  • Financial Disputes: Disagreements about financial matters, such as community budgeting, dues, or assessments, may lead to litigation.

Reviewing the Community’s Governing Documents

Every co-housing community should have governing documents that outline the rules, regulations, and decision-making processes within the community. These documents might include the community’s bylaws, covenants, conditions, restrictions (CC&Rs), and operating agreements. Understanding and adhering to these documents is essential for maintaining harmony within the community and resolving disputes.

Choose an Attorney Familiar with Co-housing Laws

When facing real estate litigation in a co-housing community, it is vital to engage an attorney experienced in co-housing law and California real estate laws. A knowledgeable attorney can help navigate the complexities of these unique living arrangements and provide guidance customized to the community’s specific circumstances.

The Importance of Open Communication

Open communication is the backbone of successful co-housing communities. Encouraging dialogue and active listening can prevent disputes from escalating. Residents should be encouraged to voice concerns and work together to find amicable solutions to potential issues.

Arbitration Clauses and Dispute Resolution Procedures

Many co-housing communities include arbitration clauses in their governing documents. Arbitration provides a more informal and private alternative to traditional litigation. Taking this into account, it’s critical to carefully review these clauses and procedures, ensuring they are fair and impartial for all parties involved.

Preserving the Sense of Community

During real estate litigation, tensions can run high, and the sense of community might be jeopardized. It is essential to strike a balance between resolving disputes and preserving the communal spirit. Community members should be reminded of the long-term benefits of maintaining a cohesive living environment.

 

How Our Attorneys Will Protect Your Rights During Real Estate Litigation in Co-housing Communities in California

At Peterson, Martin, and Reynolds LLP, our team of experienced attorneys is dedicated to safeguarding your rights and interests during real estate litigation in co-housing communities in California. We understand the complexities of co-housing living arrangements and the potential disputes that can arise in these unique communities. When you choose our firm, you can expect the following measures to ensure your rights are protected throughout the legal process:

  • In-Depth Knowledge of Co-housing Laws: Our attorneys have a comprehensive understanding of co-housing laws and regulations specific to California. We stay up-to-date with the latest developments in real estate and community living laws to provide you with accurate and relevant legal advice.
  • Thorough Case Analysis: We begin by conducting a detailed analysis of your case, reviewing all relevant governing documents, community bylaws, and any existing agreements. This comprehensive review allows us to gain a deep understanding of the issues at hand and strategize the best approach to resolve the dispute effectively.
  • Strong Advocacy in Court: Should it become necessary, we are prepared to represent your interests vigorously in court. Our attorneys are seasoned litigators with a successful track record in real estate and community living disputes. We will assertively advocate for your rights and work to achieve the best possible outcome.
  • Attention to Community Dynamics: We understand that real estate litigation in co-housing communities can be sensitive, as it involves disputes among neighbors and close-knit groups. Our attorneys approach each case with empathy and respect for community dynamics. We strive to find solutions that not only protect your rights but also preserve the sense of community within the co-housing environment.
  • Timely Communication and Updates: At Peterson, Martin, and Reynolds LLP, we value clear and open communication with our clients. Our team will keep you informed about the progress of your case, answer any questions you may have, and provide timely updates on developments.
  • Customized Legal Strategies: Every co-housing community is unique, with its specific challenges and dynamics. Our attorneys will tailor legal strategies that align with the individual needs and goals of your community. We believe in personalized approaches that address your concerns effectively.

Get Our Dedicated Real Estate Lawyers on Your Side to Uphold Your Rights

Are you facing complex real estate disputes in California that require seasoned litigation-focused attorneys to fight for your rights? Look no further than Peterson, Martin, and Reynolds LLP. Our legal team has in-depth experience with real estate litigation, and we are here to advocate for your interests, provide strong legal representation, and navigate the complexities of your case with skill and dedication. To request a consultation, call us at (415) 399-2900 or complete this online form.

 

Understanding The Complexities of Litigation Related to Timeshares and Fractional Ownership

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Timeshares allow families and individuals to split ownership of their property, usually a vacation home. These can appear enticing at face value, but almost always come attached with strings and hidden red flags. Fractional ownership models can be tempting too. You are allowed the use of a second home for a certain period every year.

Whether you enter a timeshare agreement or fractional ownership, these come with their own restraints in the form of maintenance fees, falling value, and lack of true home ownership.

Common Legal Issues Surrounding Timeshare and Fractional Ownership

Litigation issues involve a combination of contract, property, timeshare, and business laws (for commercial properties.) These are a few common timeshare and fractional ownership legal issues in connection with a property:

  • Transfer of property rights: Legal issues can crop up where the transfer of property rights through gifting, giving away, giving up, or donating is concerned. The owner may seek to transfer rights to another person.
  • Fraud schemes: There are always fraud schemes and scams that may impact your ownership rights. You should speak with a real estate attorney as soon as possible if you find something suspicious in the contract or at the property.
  • Owner disputes: The most common legal issues arise from disputes among timeshare owners. For instance, the parties may accidentally schedule their trip for the same time period which leads to a falling out and a decision to dissolve the timeshare agreement. Issues may also involve failure to pay the amount of timeshare or fractional ownership.
  • Foreclosure: Financial issues or default in payment can lead to a foreclosure of the timeshare property.
  • Conflicts: Conflicts may arise because of local or state laws. This usually involves properties located outside the US. Stemming from this, owners may also need the help of an experienced attorney if there are conflicts related to state laws.
  • Unforeseen circumstances: Owners may not be able to use the timeshare property because of an unforeseen circumstance, such as the destruction of property or inability to pay financial dues.

There are several other issues that can necessitate a knowledgeable attorney. Parties considering timeshare or fractional ownership should consult with a real estate attorney before signing the contract.

There are certain legal issues that may attract criminal consequences. For instance, a timeshare owner that knows their guests are indulging in criminal activities on the premises and does nothing to stop them can be charged with a criminal offense and penalized.

Resolving Legal Issues Related to Timeshare and Fractional Ownership

Most legal issues involving timeshare properties or fractional ownership can be resolved by reviewing the most recent contract between different parties. If the issue cannot be resolved through this, you may need to file a claim in court. Lawsuits are helpful for obtaining monetary damages for the party that prevails in the claim.

You should consult with an experienced timeshare property attorney to prove your claim. Your attorney will gather the necessary evidence for strengthening and proving your claim to the property. Without solid legal representation, you increase the likelihood of having your case dismissed without obtaining any monetary damages.

The court may award other remedies besides monetary damages, such as an injunction. These are also known as equitable remedies. Pertaining to this, legal remedies are usually in the form of monetary damages. A timeshare owner that hires a maintenance business to take care of their property when not around can sue the business for not following the terms listed within the employment contract.

Depending on the unique circumstances of the claim, a judge may order the cancellation or amendment of the employment contract to avoid a lengthy court battle.

Hiring an Attorney to Assist with Your Legal Matters

Timeshare and fractional ownership are ideally suited for people that want a separate vacation home without investing a lot. Unfortunately, these properties come with their own sets of legal complexities that require the experience of a capable attorney. Unfortunately, legal issues only increase where timeshare properties and fractional ownership are concerned.

If you are involved in a legal dispute, you may want to consult with a qualified real estate attorney as soon as possible. Your attorney will provide you with solid legal advice regarding the local and state laws affecting your property and specific complications. They will also help understand your needs and devise a strategy to efficiently resolve the legal dispute without compromising too much.

A reputable real estate attorney will be able to help whether you want to file a lawsuit against another co-owner or you are being sued. They will help you file the claim and represent you in court if necessary. Your attorney can also negotiate on your behalf during a settlement conference if you decide not to go to trial.

Discuss a Winning Legal Strategy with our Real Estate Attorneys Today

The experienced real estate attorneys at Peterson, Martin & Reynolds LLP have decades of experience helping clients. Our attorneys have a deep understanding of timeshare law, including the various pitfalls and legal complexities. To schedule your consultation, call us at (415) 399-2900 or fill out this online contact form.

 

Empty Commercial Space: Protecting Your Commercial Building During a Temporary Vacancy

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For commercial real estate landlords and business owners, there are several reasons why a commercial property may remain closed for extended periods of time. Your storefront may be lying vacant for a new renter. Shutters can remain down for weeks or months when large-scale renovations are going on. Vacant commercial properties plagued the United States even before the pandemic.

As an owner, you don’t just endure a loss of income when your property is lying vacant, but also an increased risk of garbage dumping, illegal squatting, and metal theft. Landlords should take a proactive approach to protect their property by employing different measures. An experienced real estate attorney can help you better assess the various risks and take the right steps toward protecting your vacant commercial property.

Stay on Top of Insurance and Mortgage Obligations

When a property is let out, the tenant usually remains responsible for maintaining the occupied areas. The rent received is usually used towards paying for the insurance and repairing any parts not included within the lease. All of these costs fall on the landlords in the absence of a tenant.

There is a real danger that the building may deteriorate unless you take active steps to keep the building secure and in good shape. You should check the terms of your insurance policy. Don’t forget to go through the mortgage agreement to keep on top of things. A seasoned real estate attorney may be able to help you identify specific exclusions and conditions that apply if the property is unoccupied.

Changes in Business Rates

The financial impact becomes worse if a commercial property is allowed to remain empty for more than three months. You may become liable for empty property taxes. In 2022, the City Council approved the Santa Cruz Empty Home Tax to ease the pressure on the housing market. Homes lying vacant for more than 8 months are now taxed.

While this rule doesn’t apply to commercial properties, you should still speak with a seasoned real estate attorney in your area to understand the costs you will be liable for. Many commercial property owners resort to letting out their property to companies to avoid empty rates from becoming due.

There are specific benefits and drawbacks to the different strategies for avoiding empty property rates. You should speak with a skilled real estate attorney to learn more about all available alternatives.

Illegal Use of Premises and Squatters

Empty commercial property is highly attractive to squatters since the government has made it illegal to squat in a residential building. As an owner, you will need to employ formal legal proceedings to get the squatters out. This can be a time-consuming and costly affair.

Another main risk of allowing a commercial property to remain vacant is that it may be used for illegal purposes. This can be by squatters or on a more casual basis. Owners can become liable even if no crimes are being committed. For instance, if neighbors report the property as a nuisance, you may need to hire an experienced real estate attorney to take the necessary steps for avoiding liability.

Alternative Options to Leaving Your Commercial Property Lying Vacant

Typically, commercial property is used for business purposes in offices, industrial, retail, amusement, and lodging. The expected vacancy rates for commercial offices in the United States are between 15 – 20%. You need to take the necessary steps for protecting your unoccupied and vacant building spaces. There are several possibilities for putting an empty building to good use.

There is a trend for pop-up events and businesses. This means that there are several companies and individuals out there looking for short-term occupancies. These are known as ‘meanwhile’ leases. You can reach out to local organizations, including charities for leasing out the building for short-term exhibitions and events. You can also turn the empty and neglected space into a vibrant community area.

Every short-term occupation should be properly documented. This way you can get the property back when a long-term tenant shows interest. Your real estate attorney will walk you through the necessary paperwork that needs to be completed.

Vulnerable properties should also carry adequate property insurance. A knowledgeable real estate attorney can help you determine the right amount of insurance for your property. The tiniest mistake in maintaining or securing a commercial property can result in costly lawsuits and damages. This can be harmful to your reputation. Vacant properties, even if they remain empty for a short period, are especially vulnerable.

You need to obtain adequate insurance for your peace of mind and protection. Make sure you speak with a qualified real estate attorney to get the insurance coverage you require.

Request a Consultation from Our Seasoned Real Estate Litigation Attorneys

The knowledgeable real estate litigation attorneys at Peterson, Martin & Reynolds, LLP are determined to protect your commercial property during a vacancy period and will do everything possible to resolve any legal disputes in the most effective manner. If litigation is necessary, we are seasoned professionals who know how to win inside the courtroom.

To set up your confidential consultation with a member of our legal team, call (415) 399-2900 or reach us online.

 

Real Estate Law and Boundary Disputes: Tips for Resolving Conflicts with Neighboring Property Owners

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Conflicting boundaries leading to land disputes are a common occurrence in California. These conflicts usually occur when there is a change in property ownership. You should get professional help to identify and formalize exact boundary lines. Boundary disputes are best resolved through legal representation. An experienced real estate attorney familiar with California laws and boundary disputes can evaluate your current situation and create the right strategy for resolving any issues you may be facing.

Here are a few useful tips when you are seeking a resolution of boundary disputes with neighboring property owners:

  1. Request for a Property Survey

Typically, boundary disputes arise when one party thinks that the other one is encroaching on their land. You should have a surveyor mark the official boundary line during a general property survey. The surveyor can plot various features, such as fences, trees, elevations, and other physical markers.

In fact, calling a surveyor is a great idea if you are looking to make changes to your property, such as planting trees or putting up a fence. In some cases, surveys won’t be possible. This is because the wording of the deed or neighbors may make it too difficult for determining the actual boundary. Consult with an experienced real estate attorney in these situations.

The attorney may be able to use a quiet title lawsuit for getting a judge to determine the boundary line. However, a quiet title lawsuit is more expensive than a regular property survey. A competent attorney will usually keep this as the last option after exploring other inexpensive ways of allocating boundary lines.

  1. Sign a Written Agreement with Your Neighbor

Sometimes, open communication and productive discussions with your neighbors can help you solve complicated disputes. You should always sign a written agreement with your neighbor outlining who owns what. Speak to a qualified real estate attorney to ensure the agreement is worded properly. This document should also include contingencies for boundary line modifications, encroachments, and other situations.

  1. Consider Mediation and Alternative Dispute Resolution

If you and your neighbors cannot arrive at an agreement on your own, an experienced attorney can act as a mediator. Your attorney can also file for alternative dispute resolution (ADR.) This is an impartial and inexpensive way of coming to a satisfactory solution. Mediators usually help in resolving boundary conflicts and any other disputes that may arise in a timely manner.

You can attend the mediation meetings on your own or ask an attorney to remain present with you. It is best to attend mediation sessions with all necessary evidence and documents that help in supporting your claim. Two main benefits of mediation over litigation are that they are less expensive and any decision made is non-imposable. This means that if you don’t approve of the decision, you can take the matter to court. You don’t have to accept a decision until you know for a fact that it is your best alternative.

  1. File a Lawsuit

Real estate litigation may become necessary for resolving a boundary dispute. This can be a time-consuming and expensive course of action. However, a skilled attorney may be able to strategize and take the necessary steps for obtaining a favorable outcome quickly. You can improve the likelihood of getting a favorable outcome by gathering relevant evidence that supports your claim, such as a map, photos, and witness testimonies.

The judge will hear both sides and look at the original deeds, land survey, and other evidence for determining the property line. Having an attorney on your side can help you protect your legal rights and make sure that you get the best possible outcome.

Consult with an Experienced Boundary Disputes Attorney

If you are involved in a boundary dispute with your neighbor, you should speak with an experienced real estate litigation attorney. Your attorney may be able to prevent lengthy arguments and expensive court battles by negotiating with your neighbors. Your attorney will also argue on your behalf to persuade the other party. In boundary disputes, having an attorney is usually the best shot at getting the outcome you desire.

Boundary disputes are complicated. You can resolve yours amicably and quickly with foresight and patience. You need to understand that your neighbors may have a valid claim depending on the circumstances. It always pays off to invest in creative solutions that become a win-win for everyone involved. Real estate attorneys have the necessary knowledge and experience needed to prepare a solid lawsuit that works in their client’s favor.

Our Reputable Northern California Real Estate Lawyers can Protect Your Property Rights

If you are currently dealing with a real estate boundary dispute, you should speak to the experienced attorneys at Peterson, Martin & Reynolds LLP. Our attorneys have substantial experience in all types of real estate disputes and will offer the best legal solutions to resolve the issues while protecting your property rights at all times. Schedule a consultation with our lawyers today. Call us at (415) 399-2900 or contact us online.

 

What Is a Zoning Variance and When Do You Need One?

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Zoning refers to legally designating different kinds of properties that can be built in a specific neighborhood or area. Municipalities and counties enact zoning ordinances for dictating and shaping a particular community. It also prevents illegal, inappropriate, or disputed real estate properties from cropping up. Choose an experienced real estate litigation attorney who can help you obtain a zoning variance.

What is Zoning Variance?

Normal zoning laws are put in place to match the classification of a certain property with predefined zones. For instance, every city has a predefined residential, commercial, and industrial area. Industries are usually not allowed anywhere near residential areas. A zoning variance is an exception to these area laws. These are granted on an individual case basis by the local government.

For instance, if you have a non-polluting business, like a seamstress shop, you may be able to get a zoning variance and set up your business in a residential district. Zoning variances help in bypassing zoning restrictions. A single-family residence is of more value when situated beside other single-family residences.

The residential value will drop if the single-family house is situated next to a public library. While getting a variance application accepted is difficult, you may be able to obtain one by working with a tenacious and knowledgeable real estate attorney. This is someone who’s been around the legal corners before and knows what dangers could present themselves.

Common Types of Zoning Variances

There are two main types of zoning variances in California:

Area Variance

Property owners can use an area variance to construct a property that is against the physical requirements of a particular zoning ordinance. For instance, the zoning variance may allow you to construct a building larger than the permissible square-footage restriction put in place by the zoning board.

Property owners are allowed to make changes to their property through area variances. Based on this, property owners should prove that any changes made should not impact the neighborhood in a negative manner. Construction of a detached garage and other additions to the home are a few examples of projects requiring zoning approval.

Use Variance

Use variance allows for the use of land or property in a manner restricted by zoning laws. You would theoretically be able to run a business in a housing district by obtaining a use variance. Moreover, this variance is not as easy to acquire as an area variance. Property owners get the right to use their land in a manner normally restricted under existing municipality zoning regulations.

Owners can use their property contrary to existing regulations. This means there is an added burden of proving that current zoning conditions have created an undue hardship.

Need for a Zoning Variance in California

There are several situations in which you may require a zoning variance. This includes:

  • If you want to build a property on a vacant piece of land.
  • If you are altering or constructing a building in a manner that directly changes its classification.
  • If you want to change the existing use of a building.
  • If you want a piece of land to be used in a manner different from its purpose defined in the zoning classification.

Make Sure You Have a Skilled Real Estate Lawyer on Your Side to Obtain a Zoning Variance

Zoning laws are created by municipalities to protect and safeguard the rights of individual property owners. Land usage sets restrictions for what a property or building can be used for in different areas. Governments use zoning restrictions to protect the quality of life, usage, planning, growth, and environmental implications.

Land use or zoning variance allows for these rules to be set aside. With that said, getting a zoning variance can be challenging. You need to convince the board to accept your application. You will need to prove that without the variance you will suffer undue hardship. A proven real estate attorney can help you get the waiver you need for undertaking the proposed activities.

Your attorney will help you show the following to be considered for a variance:

  • The request won’t harm the neighborhood.
  • Strict enforcement of the land use code will result in severe hardships without the variance.
  • The application and demand are consistent with the spirit and purpose of the Land Use Code.
  • You are not asking for favoritism by comparing with nearby properties.
  • You are asking for the minimum relief.

You need to have an in-depth knowledge and understanding of the California Land Use Code and other relevant laws. The growth and development of an area is regulated by the Land Use Code. Your attorney can help you in effectively proving that you need a zoning variance.

Get Strong Legal Representation from Our Leading Real Estate Litigation Lawyers. Call Now.

At Peterson, Martin & Reynolds LLP, our experienced northern California real estate attorneys have extensive knowledge of zoning and land use variances. Our attorneys have assisted a large number of property owners over the years get successful outcomes by presenting strong evidence and making convincing arguments in their favor. To schedule a consultation, call us at (415) 399-2900 or fill out this online contact form.

 

Real Estate Law and Construction Defects: How To Protect Your Rights As A Homeowner

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Your home is probably the most valuable asset and investment you have. But sometimes for first-time homebuyers, the dream of owning a house can quickly turn into a nightmare because of construction defects. In extreme cases, defects can be serious enough for a family to abandon the property altogether. There is a shocking rise in construction defects as developers hurry through things in order to meet the growing housing demand.

You should speak with a dedicated construction defects attorney to recover financial compensation for any hardships related to construction defects, whether in a new property or renovation of an existing house.

Types of Construction Defects in California

Construction defects laws are in place for protecting homeowners. They cover a wide range of issues, such as code violations, faulty designs, cracked foundations, and unsafe structures. These are a few common types of construction defects:

Design deficiencies

These result from the work of engineering and design professionals, such as architects and structural engineers. Design deficiencies arise when professionals end up making errors or fail to respect applicable professional standards and building codes. For instance, if a roof is not designed as per applicable engineering standards and building codes, it can lead to inadequate support and water intrusion.

Material deficiencies

This includes the use of improper and defective building materials. For instance, the construction plan may be based on using a particular grade of wood for providing strength to the structure. Based on this, the contractors substitute it for a different grade when it’s time to build the element. Certain materials required for the structure may get damaged during transit, which is overlooked by the building contractor. A malfunction may occur in this situation because of the defective material.

Construction deficiencies

These are the result of poor workmanship during the construction of a building. Deficiencies in construction can lead to dry rot, cracked foundations, plumbing problems, electrical problems, and pest infestation.

Subsurface deficiencies

Deficiencies may occur in the preparation of the subsurface. This happens when soil conditions are not suitable for the structure, causing it to become unstable. Building on unstable subsurface can result in the development of cracks in walls, floors, and the foundation of a structure.

Most construction defects occur because the construction industry is highly competitive with many companies trying to offer the lowest bids for contracts. They salvage profits by employing unqualified workers, cutting corners, and poorly supervising subcontractors. If you are an unsuspecting homeowner that is left to foot the bill for these practices, get in touch with an experienced construction accident attorney today.

File a Builder’s Warranty Claim to Recover Costs

If the damaged or defective item in your house is covered under the builder’s warranty, you may be able to recover costs by filing a claim. Many warranties need homeowners to send a written notification to the builder. Sending your request in writing is always a good idea since it leaves you with the available evidence.

Make sure to keep notes of every conversation you have with the builder along with relevant dates. Your attorney may use this to prove that the builder failed in taking any remedial action. It’s essential that you act quickly. In some cases, all it takes is to alert the builder of problems within the warranty period.

You may want to consult an attorney since some warranties can be cleverly written to allow the builder to string a house owner along and delay making repairs. Never bring in outside contractors to take care of the issue. This may result in you losing the warranty benefits.

Causes of Action in a Construction Defect

You can file legal action if your house has a construction defect and you have suffered damages because of it. Besides, the legal claims you can bring against the property developer depend on a number of things, including the type and extent of damages. There are several different types of legal actions for construction defects. These are:

  • Negligence
  • Breach of contract
  • Implied and expressed warranty issues
  • Professional negligence against a design professional
  • Breach of a homeowner association’s declaration or covenants, conditions, and restrictions (CC&Rs)

An experienced construction litigation attorney will be able to help you determine the right type of legal action to take for your particular construction defect.

Remedies for Construction Defects in California

There are different types of costs you can recover by winning a lawsuit for construction defects. These depend a lot on your circumstances. The remedies for construction defects are usually limited to the following categories:

  • Diminution of the value of property
  • Cost to repair the defects
  • Loss of the use of property
  • Legal fees
  • Recovery for litigation expenses
  • Inconvenience losses if you have to move out for repairs

Our Trusted Construction Defects Lawyers Can Provide Strong Legal Advice and Support

At Peterson, Martin & Reynolds LLP, we will thoroughly investigate your construction defect claim, hire engineering or construction experts as necessary, and prove the liability of the builder or contractor. Our attorneys are skilled in handling the most challenging construction or renovation defect cases. To schedule a consultation, call us at (415) 399-2900 or fill out this online contact form.

 

Common Legal Issues That Occur During the Sale of A Property

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There are certain legal issues all homeowners should know of regarding the sale of a house. Sellers are often faced with multiple legal issues and risks when selling a house to a potential homebuyer. You may lose an opportunity to sell because of payment delays or failed commitment from the buyer or sometimes end up getting sued for damages if you have violated the terms of the contract. A strong real estate litigation attorney can make sure you avoid the myriad pitfalls related to selling a house.

Home Sellers Need to Disclose All Facts About the Property

California law states that home sellers are required to disclose any fact that may potentially impact the desirability of a property. As per California Civil Code § 1102, any details that may affect a potential buyer’s willingness to pay or desire to purchase the property should be intimated in writing.

These important facts are known as “material facts.” Any seller that fails in disclosing these facts can face severe consequences. As a rule, you should disclose any item that you are unsure of. Your real estate attorney will ask you to complete a Transfer Disclosure Statement to disclose these material facts.

Deliver a Clear Title at Closing

If you paid off your mortgage or satisfied a judgment without filing the necessary documents with the county clerk, their office will not reflect it. When a title search will be conducted by the buyer before closing, it will show the mortgage as a lien. Any judgment on the property will also come up. Clearing this may delay the closing or take time.

You should provide all necessary documents to the attorney you hire for handling the sale of your house. This includes copies of the title and deed you receive when you acquired it. Your attorney will identify and address any potential title issues before they delay the closing.

Home Sellers May Need to Pay for Buyer’s Title Insurance

In California, home sellers are usually required to use a title company. The company will perform a title search and provide a Preliminary Title Report or PTR. The title company will consider the PTR to provide title insurance to the buyer. Lenders usually require title insurance for funding the buyer’s loan.

The title company and insurance provider are usually selected by both sellers and buyers. In most cases, the company is suggested by the house buyer in the initial offer. The real Estate Settlement Procedures Act (RESPA) is a federal act that prohibits a house seller from making the buyer use a particular title insurance company. You cannot make this a condition of the transaction.

Stemming from this, you can negotiate with the buyer about who pays for the title insurance. In most cases, the seller is required to pay for the title insurance in Southern California. Furthermore, in Northern California, local custom suggests that the buyer pay for the title insurance. Your real estate agent will help you negotiate a fair deal.

Payment of Transfer Tax

Before real estate gets transferred to the buyer, it needs to be informed to the county recorder’s office. This document shows that the property has changed ownership. Transfer tax gets imposed at the time the document is recorded. The payment of transfer tax is negotiable. As per industry standards, the buyer pays this tax in Northern California while the seller foots the bill in Southern California.

Attorneys Can Ensure the Sales Agreement Protects You

You should never sign a sales agreement with a buyer before having your attorney review it. Sales agreements that are prepared by brokers and real estate agents are legally enforceable contracts. You should not sign one until it has been explained and reviewed by your lawyer.

These are a few terms of the sales agreement that you should be careful about:

  • Sellers should make sure the time agreed to obtain a mortgage is listed within the sales agreement. This is if the sale relies on the buyer obtaining a mortgage. You may want to word the document to encourage the buyer to apply for a loan promptly and cooperate with lender requests for documentation.
  • Make sure the closing date is as per your needs. This can be important for sellers that are looking to replace the house by buying a new one. The closing dates of the transactions may need to be coordinated to complete the purchase on time.
  • In many cases, a buyer needs to sell their existing house to complete the purchase with a seller. You should have your attorney review the sales agreement to avoid any language that makes the sale contingent on the buyer being able to sell their property.

Talk to a Skilled and Knowledgeable Real Estate Litigation Attorney – Book a Consultation Today

The experienced attorneys at Peterson, Martin & Reynolds LLP can help you resolve disputes related to real estate sales and purchases. Our attorneys have decades of experience in helping clients obtain the most favorable outcomes in residential and commercial property disputes.

Schedule your confidential case review with our lawyers today. Call us at (415) 399-2900 or contact us online.