Real Estate Litigation Lawyer San Francisco

Introduction to Real Estate Law

In San Francisco’s competitive and highly regulated real estate market, our lawyers provide guidance on zoning laws, building codes, and environmental regulations. We also represent clients in real estate litigation, including boundary disputes, contract breaches, and landlord-tenant conflicts.

Legal representation is particularly important when dealing with property in San Francisco due to the city’s unique real estate landscape. San Francisco has some of the most complex and tenant-friendly rental laws in the country, making it important for both landlords and tenants to have legal guidance. The city’s high property values also mean that the stakes in any real estate transaction or dispute are often significant.

Our lawyers at Shapero Law Firm understand San Francisco’s local regulations, including rent control ordinances, eviction restrictions, and building permit requirements. We help our clients comply with all relevant laws and protect their interests throughout any real estate process. Whether you’re a first-time homebuyer, a seasoned investor, or a property owner facing a dispute, having our experienced San Francisco real estate attorneys on your side can provide peace of mind and potentially save you from costly legal mistakes.

Buying and Selling Real Estate

When it comes to property sales in San Francisco, our real estate attorneys at Shapero Law Firm can help with a variety of legal issues. We start by conducting a thorough review of all sale documents, including the purchase agreement, disclosures, and title reports. Our lawyers ensure that all terms are fair and that our clients fully understand their rights and obligations under the contract.

We also assist with due diligence, investigating any potential issues with the property, such as zoning restrictions, easements, or liens that could affect its value or use. In San Francisco’s real estate market, our attorneys are particularly attuned to issues like rent control status, which can significantly impact a property’s value and future use.

Our lawyers can help negotiate terms of the sale, including price adjustments based on property inspections or other contingencies. We’re also prepared to handle any disputes that may arise during the transaction, such as disagreements over repairs or issues discovered during the inspection process.

Our lawyers prepare and review all necessary legal documents, ensuring they are properly executed and filed. This includes the deed, transfer tax forms, and any other documents required by local San Francisco regulations. We can also attend the closing to oversee the final transfer of property and funds, ensuring that all legal requirements are met.

Lease and Rent Issues

At Shapero Law Firm, our real estate attorneys provide assistance with lease agreements in San Francisco. We draft and review lease documents to ensure they comply with local laws and protect our clients’ interests. Our lawyers pay particular attention to terms related to rent increases, maintenance responsibilities, and termination conditions, which are heavily regulated in San Francisco.

For commercial leases, our attorneys negotiate terms that align with our clients’ business needs, addressing issues like permitted use, exclusivity clauses, and options for renewal or expansion. We also help structure complex lease arrangements, such as percentage rent agreements common in retail leases.

In residential leasing, our lawyers ensure compliance with San Francisco’s strict rent control and eviction protection ordinances. We advise landlords on proper procedures for rent increases, evictions, and buyout agreements, helping them navigate the city’s tenant-friendly laws.

San Francisco has some of the most comprehensive tenant protection laws in the country, and both tenants and landlords should be aware of these. Our attorneys at Shapero Law Firm ensure our clients understand their rights and obligations under these laws.

Key points include:

• Coverage: Most residential units in San Francisco are covered by the San Francisco Rent Ordinance. Units built after June 13, 1979, are generally exempt, but there are exceptions for certain types of units, like illegal units and some accessory units
• Annual Rent Increases: Landlords can only raise rent by a certain percentage each year, based on the Bay Area Consumer Price Index. For units covered under California rent control, increases are capped at 5 percent plus the cost of living increase or 10 percent, whichever is lower, for tenants who have occupied the unit for 12 months or more
• Notice for Rent Increases: 30 days’ notice is required for rent increases of 10% or less, and 90 days’ notice for increases of more than 10%
• Just Cause Evictions: Landlords must have a just cause to evict tenants. Just causes include nonpayment of rent, breach of lease agreement, creating a nuisance, and certain no-fault evictions like owner move-in, sale of the unit, demolition, or substantial rehabilitation
• Notice Periods: The notice period for evictions varies depending on the cause, ranging from 3 days for at-fault evictions to 60 or 120 days for no-fault evictions
• Relocation Payments: Tenants evicted for no-fault causes are entitled to relocation payments, which are determined by the Rent Ordinance
• Month-to-Month Leases: These are common and can only be ended by landlords for certain reasons. Landlords must provide written notice and give tenants a chance to fix any issues before eviction
• Termination Notice: The required notice period for terminating a month-to-month lease is 30 days, but it can be longer if specified in the lease agreement
• Tenant Protections: San Francisco has strict laws against wrongful evictions and harassment by landlords. Tenants have rights to habitability, repairs, and protection from illegal lockouts and utility shutoff
• Resources: Tenants can seek help from organizations like the San Francisco Tenants Union and the Housing Rights Committee for counseling and legal assistance
• Rent Board: The San Francisco Rent Board provides information, forms, and conducts rent arbitrations to ensure compliance with rental laws

Property Disputes

When resolving property disputes in San Francisco, our real estate attorneys at Shapero Law Firm use a strategic approach. We start by thoroughly investigating the facts of the dispute and analyzing all relevant documents and laws. Our lawyers then work to negotiate a resolution, often through mediation or direct discussions with the opposing party. If a settlement can’t be reached, our attorneys are prepared to litigate the matter in court.

In boundary disputes, our lawyers often work with surveyors and other experts to establish property lines accurately. For contract disputes, we analyze the terms of the agreement and any potential breaches. In all cases, our goal is to resolve the dispute efficiently while protecting our clients’ property rights and financial interests.

Common property disputes in San Francisco include:

• Boundary and Easement Disputes: Given the city’s dense urban environment, disagreements over property lines or shared access are common.
• Landlord-Tenant Conflicts: These can involve issues like evictions, rent increases, or maintenance disputes.
• Homeowners Association (HOA) Disputes: Conflicts over HOA rules, fees, or governance are frequent in San Francisco’s many condominiums and planned communities.
• Construction Defect Claims: With ongoing development and renovation in the city, disputes over construction quality are not uncommon.
• Title Disputes: Issues with property ownership or liens can lead to complex legal battles.

To prevent these disputes, our attorneys recommend clear, written agreements for all property transactions and relationships. We advise on proper documentation of property boundaries and easements. For landlords, we emphasize the importance of understanding and following San Francisco’s strict rental laws. Regular property inspections and prompt addressing of maintenance issues can also prevent many disputes.

Our San Francisco real estate lawyers at Shapero Law Firm are committed to helping our clients avoid disputes when possible and resolve them effectively when they do arise.

Long-Term Property Management

At Shapero Law Firm, our real estate attorneys help our clients develop comprehensive strategies to protect and transfer their real estate assets according to their wishes.

Our lawyers assist with:

• Creating trusts to hold real estate assets, potentially minimizing tax implications and avoiding probate
• Establishing powers of attorney for property management in case of incapacity
• Advising on strategies to minimize estate taxes on high-value San Francisco properties
• Structuring ownership of multiple properties to facilitate easier transfer to heirs

For long-term property management, our attorneys provide ongoing legal support, including:

• Reviewing and updating property insurance to ensure adequate coverage
• Advising on compliance with changing San Francisco property laws and regulations
• Assisting with property tax assessments and appeals
• Providing guidance on maintenance and improvement decisions to protect property value
• Helping to structure property management agreements if professional managers are employed

Our goal is to help our clients maintain and maximize the value of their real estate assets over the long term while ensuring a smooth transition of these assets to the next generation.

What Role Does a Real Estate Attorney Play in Managing Investment Properties in San Francisco?

Our real estate attorneys at Shapero Law Firm play a key role in managing investment properties in San Francisco. We provide comprehensive legal support to help our clients maximize their returns while minimizing risks.

Our services for investment property management include:

• Structuring ownership: We advise on the best legal structure for holding investment properties, such as LLCs or trusts, to provide liability protection and potential tax benefits.
• Lease agreement preparation: Our lawyers draft and review lease agreements that comply with San Francisco’s strict rental laws while protecting our clients’ interests.
• Tenant issues: We assist with tenant screenings, evictions when necessary, and resolving disputes, always ensuring compliance with local laws.
• Regulatory compliance: We help our clients navigate San Francisco’s complex web of property regulations, including rent control, just cause eviction laws, and building codes.
• Property tax strategies: Our attorneys advise on strategies to minimize property tax burdens and assist with assessment appeals when appropriate.
• Transaction support: When buying or selling investment properties, we provide full legal support, from contract negotiation to closing.
• Dispute resolution: Our lawyers represent property investors in any legal disputes that may arise, from contract issues to neighbor conflicts.

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Client Reviews

What our clients are saying about us

I contacted Sarah when I was facing tough legal issues. Although I never met her in person she ended up being an amazing advocate, tough negotiator and very knowledgeable representation.In all my communication Sarah was clear, thorough and very neutral about my position and options. I’ve had multiple dealings with  attorneys…so I’m experienced. I would give Sarah top ratings across the board.

Deborah Tamburri

I have worked with many in the past and Sarah is great with understanding my goals and working with me to create a plan that fits those goals. She has assisted on a number of real estate transactions and legal matters for me and is always available, communicative, and presents all options with risks and costs so we can decide the best route. Highly recommend.

Eli May

I cannot thank the Shapero Law Firm’s Real Estate team enough for their outstanding service. They are a shining example of what a law firm should be: knowledgeable, compassionate, responsive, and effective. If you are in need of real estate legal services, look no further – the Shapero Law Firm is the gold standard. I wholeheartedly recommend them to anyone seeking expert guidance and representation in the realm of real estate law. They have earned every one of these five stars and more!

Bob Walton

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