Blog Archives

C.A.R Purchase and Sale Dispute Resolution

At Schorr Law our real estate attorneys frequently litigate disputes that arise out of the use of the California Association of Realtor (“CAR”) forms for residential and income producing property.  In general, we find the forms are clear and well written. Most CAR forms follow the same dispute resolution process.  The steps are set forth in the diagram above and in word form below. This diagram can be used for Breach of Lease Term, Specific Performance, Non – Disclosures, and Escrow Deposit Disputes as well. First, the party making a demand must make a demand for mediation in order to preserve their right to recover their attorneys’ fees as provided to the winner in a dispute arising out of the CAR forms.  Should the party

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Posted in Arbitration, Contracts/ Agreements, Escrow Deposit Disputes, Non-Disclosure, Purchase and Sale, Purchase and Sale Contracts, Real Estate Attorney Los Angeles, Specific Performance

California Unlawful Detainers – Step by Step Overview

At Schorr Law, understanding and being proficient in the unlawful detainer process is a neccessary part of our practice.  In fact, although many of our cases involve issues of disputed title, partition, wrongful foreclosure, quiet title and even easements, often times one party tries to exert pressure on the other party through the use of an unlawful detainer action.  This is true because unlawful detainer actions are summary proceedings that are resolved on an expedited basis. At Schorr Law, our real estate attorneys also represent commercial landlords and tenants in unlawful detainer proceedings.  On a commercial level, the stakes can be quite high. Often times we are charged with evicting or defending businesses that have been in place for years, if not decades.  No matter how

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Posted in Arbitration, Commercial Lease, Commercial Lease Disputes, Commercial Lease Unlawful Detainer, Commercial Real Estate, Real Estate Attorney Los Angeles

Arbitration vs Court: Five Reasons to Choose Court

At Schorr Law, our real estate attorneys are often faced with the task of deciding whether to pursue a matter in arbitration or in Court.  We tend to favor resolving real estate matters in Court, and here are five reasons why: (1) In court, you do not pay the judge.  In arbitration you actually pay the arbitrator much like you would pay a lawyer – on an hourly basis.  This means that there is an added expense to arbitrate your matter. (2) In arbitration, there is no appeal.  This can be a good and a bad factor for resolving a dispute.  The good part is that the dispute is forever resolved upon the arbitrator’s decision.  That bad, of course, is if the arbitrator chooses to ignore

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Posted in Arbitration, Litigation

Los Angeles Commercial Lease Counseling – Arbitration Provisions

Arbitration Provisions in Commercial Leases Continuing our series on important things to consider when you enter into a commercial lease we now turn our focus to arbitration provisions in commercial leases. Many leases contain contractual arbitration provisions.  Arbitration is a technique for resolving disputes outside of the court system.  In arbitration, the parties to a dispute allow an arbitrator (typically a retired judge) to resolve their dispute and agree to be bound by the arbitrator’s decision – no matter what it is.  There are a few key differences between arbitration and the court system.  For example, consider these salient differences: No right to a jury trial.  In arbitration you do not have the right to a jury trial.   The arbitrator(s) make the final decision

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Posted in Arbitration, Commercial Lease, Leases

Confirming and Enforcing An Arbitration Award

Recently, Schorr Law obtained an arbitration award in favor of its clients in connection with a residential real estate dispute. Today’s blog post is about what a prevailing party should do following issuance of an arbitration award so that the arbitration award can be enforced like a judgment. Unlike a judgment obtained during court proceedings, an arbitrator’s award is not directly enforceable.  Until confirmed or vacated by court proceedings, an arbitration award has no more force or effect than a contract in writing between the parties to the arbitration.  (Code Civ. Proc. § 1287.6; Loeb v. Record (2008) 162 Cal.App.4th 431, 449.)  When the parties voluntarily comply with an award, there usually is no need for further judicial proceedings.  However, if the losing party refuses to comply with

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Posted in Arbitration, Judgment Collection, Litigation, Residential Real Estate, Wins

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

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Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

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