We provide California Real Estate legal advice on the purchase and sale of residential real property including CAR forms. Most importantly, we advise real property Sellers on required disclosures. Disclosures include TDS – Transfer Disclosure Statement, SPQ – Seller’s Property Questionnaire, mold, water intrusion and other disclosures. Likewise, we can assist you in negotiating terms of a purchase and sales agreement. Lease review and drafting is provided for both commercial and residential properties. A Real Property buyer may encounter a situation where there is a failure to disclose material facts. In this situation we can represent you in mediation and litigation of your failure to disclose claims. Nonetheless, we will first attempt to arrive at a settlement before you incur mediator fees and court fees.
Representing you as a California real property owner or landlord, we assist in both your negotiation of lease terms and the drafting of your real estate lease agreement for either commercial or residential real estate.
As California real estate attorneys, we can assist with your purchase or sale of real property. We provide legal advice on the required Transfer Disclosure Statements and other disclosures required of a Seller.
Mayo & Mayo is proficient in sale of real property in a probate proceeding or trust administration and can advise you as trustee on the sale of decedent’s home. We review and revise your Residential Purchase and Sale Agreement so that specific terms are included to fit your individual requirements 415-397-1515.
Mary Mayo is a certified neutral mediator with a focus on real estate, probate and trusts. If you are represented by an attorney, your attorney is the person to contact us. We conduct mediations via Zoom, in person or a mix of both Zoom and in-person.
Mayo & Mayo can act as a mediator and help you resolve most real estate disputes more quickly and less expensively than litigation.
- RPA Disputes in Real Property Purchase and Sale Agreement
- Failure to Disclose – TDS Non Disclosure Claims
- Contract and Lease Disputes
- Neighbor Disputes
- HOA Disputes
- Partition Actions
Real Property Purchase and Sale Agreement (RPA)
The California RPA requires mediation of any disputes involving a purchase or sale of residential real property in paragraph 27 of the RPA even if the parties agree to arbitration. Failure to mediate before litigating or arbitrating the dispute could result in forfeiture of your right to an award of attorneys fees even if you are the prevailing party. Our firm mediates purchase and sales agreement disputes, broker commissions, property valuation, title defects, liens and TDA non disclosure disputes.
Failure to Disclose – TDS Non Disclosure Claims
Mediation of an alleged failure to disclose facts in the sale of a home starts with the parties providing a clear chronology and documents that support their position. The attorneys for each party will submit these documents and briefs to Mayo & Mayo in advance of the actual mediation date.
Contract and Lease Disputes
Contract and lease disputes are often heard by the Judge in a special real property department at the court such as Department 501 of the San Francisco Superior Court and must be calendared with the Court. https://sfsuperiorcourt.org Extensive and expensive pleading wars may slow the process even more including demurrers, motions to strike and motions to compel discovery responses. Each side will propound questions and demands for documents to the other side. Depositions may be noticed (with a full day or more of attorneys fees and reporter fees in addition to your time at the deposition and to prepare for deposition). Contrast this litigation scenario with the less time-consuming preparation of a mediation brief and document exhibits for a half day or full day mediation.
Neighbor Disputes
In a neighbor dispute, the parties are asked to prioritize what is most important to the enjoyment of their home and land. We have expertise in land use, easements, boundary disputes and deed restriction disputes. Similar to a domestic dispute, the dispute itself may add more ill feelings that enlarge the dispute over time. Neighbor disputes are one example of a dispute that is better resolved using a mediator before more time and legal fees are spent with adversarial litigation.
HOA Disputes
Mayo & Mayo has successfully mediated many HOA disputes. Mediation is generally required before a homeowner can file a lawsuit against an HOA. HOA issues such as assessments, structural changes, maintenance, repairs and harassment can be resolved in mediation with less damage to relationships than litigation would cause. The dispute can be resolved more quickly in mediation because there is no accelerated scheduling in the courts for HOA disputes.
Partition Actions
It is unlikely that the Judge will award real property owned by 2 or more people to one person unless the parties agree to a buy-out. What is more likely is that the Judge will order a special receiver who will hire his or her own attorney (think 2 more fees in addition to the attorney you have already hired) to hire a realtor to sell the property. After the fees and costs are paid the net proceeds will be paid to the property owners. You will not have any control over the sales process and you will continue to pay attorneys fees until the Judge issues the court order for partition. Using Mayo & Mayo as the mediator, the parties can control the outcome by agreeing to the manner and process for the sale of the property – perhaps to one of the current owners or working out a plan in the mediation for a sale on the MLS without the need for a court-orderd Receiver.
