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2 Tips To Get Ready to Sell Your Home

1.  Prepare Yourself Mentally that the Property May Take Longer to Sell Than You Anticipate Savvy sellers know that getting a buyer to stick (close escrow) is not as easy as it would seem. Many real estate sales fail to close escrow because the buyer fails to complete the purchase for reasons beyond the control of the seller. This can be mentally exhausting – so prepare yourself for an unpredictable ride. The property will sell, it just may not sell within your desired time frame and that can complicate plans to move, a purchase of another residence or other personal obligations that may be motivating the seller’s decision to sell. We recommend preparing yourself for the slight uncertainty by not putting extra pressure on yourself to sell within a certain timeframe or to a certain seller – understand

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Posted in Contracts/ Agreements, Purchase and Sale, Real Estate Attorney Los Angeles

Covenants, Conditions and Restrictions: A Sword and Shield

         California has long recognized the validity of reciprocal agreements to restrict, or limit, the use of real property.  One of the most common forms of these agreements is called a Declaration of Covenants, Conditions, and Restrictions (CC&Rs).  As explained below, CC&Rs can provide a great deal of utility and value to your property, but at the same time the CC&Rs can severely restrict what you can do to your own property. To illustrate the benefits provided by CC&Rs, most beach front communities are subject to CC&Rs that prevent one owner from obstructing the ocean view of another owner.  For example, large portions of Malibu, California are subject to CC&Rs that impose this very restriction.   As a result, any owner with an ocean view can seek injunctive relief to stop construction, or

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Posted in CC&Rs

Buyer’s Remedy—Specific Performance

When a seller breaches his obligation to convey the property to a buyer, the buyer may seek the equitable remedy of specific performance. Note, that a buyer cannot receive damages for both breach of contract and specific performance because awarding a buyer this would amount to double recovery. Specific performance of a purchase agreement may be decreed when: (1) its terms are sufficiently definite; (2) consideration is adequate; (3) there is substantial similarity of the requested performance to the contractual terms; (4) there is mutuality of remedies; and (5) plaintiff’s legal remedy is inadequate (Blackburn v. Charnley (2004) 117 Cal.App.4th 758, 766.)  In addition, under Civ. Code  § 3388, “a party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter who

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Posted in Purchase and Sale, Specific Performance

Ownership of Fixtures

Fixtures are items of personal property that are so attached to the land that they are considered a part of it.  (See Civ. Code § 660; People v. Church (1943) 136 P.2d 139, 144.) Specifically, “whether an article is a fixture is ordinarily a question of fact to be determined upon the evidence in the particular case, and the question is determined not only by the manner in which the article is annexed to the realty but also by the relationship between the parties.” (Clifford v. Epsten (1951) 106 CalApp.2d 221, 225 citing Taylor v. Heydenreich (1949) 92 Cal.App.2d 684, 688.) Typically, unless a lease provides otherwise, the fixtures on the rental property belong to the landlord, even if they are installed by the tenant.  (Peiser v. Mettler (1958) 50 Cal.2d.594, 606;

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Posted in Fixtures, Ownership, Trade Fixtures

Zachary Schorr Wins “Real Estate Litigation Attorney of the Year in California”

Schorr Law is pleased to announce that CorporateINTL has selected Schorr Law’s lead real estate attorney – Zachary Schorr as the Real Estate Litigation Attorney of the Year in California.   This is quite an honor for Mr. Schorr and he continues to aggressively litigate real estate matters throughout California.   As background,  Corporate International publishes magazines and practice area guides around the world for business leaders and professionals, investors, and in-house counsel. Their publications are read  in over 150 countries. Corporate International awards business professionals who have shown exceptional service and expertise in their fields in the past year. They use a skilled independent research team to select 5 nominees in each category and then have an independent awards panel in each country pick

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Posted in Media, Real Estate Attorney, Wins

Extinguishment of Easements by Merger

  There are many ways that an easement can be extinguished or terminated. In this post, I discuss how an easement can be extinguished by merger. In later post we will discuss situations where an easement is not extinguished by merger. As discussed in some of our previous posts, by definition, an easement is the right to use or prevent use of the land of another. As a result, a person cannot have an easement on his or her own land. (See Civ. Code § 805.) Therefore, as further discussed below, an easement can be extinguished when the same person acquires the fee title to both dominant and servient tenements. (See Leggio v. Haggerty (1965) 231 Cal.App.2d 873, 881.) A merger occurs where the same person owns both the

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Posted in Easement

Picking The Top Los Angeles Real Estate Lawyer

In our real estate litigation practice we are frequently asked how to determine the Top Los Angeles Real Estate Lawyer.  This is an interesting question that we try to answer every day through the work we produce. Here are 3 factors we consider important in evaluating the top Los Angeles Real Estate Lawyer, and quite frankly, the factors that differentiate the good from the rest: 1.  The types of cases they handle.  It is hard to be good at everything.  Many firms are generalist law firms in that they claim to be experts at everything when they are really just generalists and perhaps experts at nothing.  Pay attention to how many of the particular types of real estate cases the firm handles on average, historically

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Posted in Real Estate, Real Estate Attorney

Mechanics Liens: 90 Days To Foreclose on a Mechanic’s Lien

You probably know that a mechanics lien is a security interest in real property for those that have supplied materials or labor to improve the property, and that their purpose is to secure payment for such labor and materials.  However, you may not know that a mechanics lien expires 90 days after recording claim of lien. For contractors and subcontractors, this means that an action to foreclose on a mechanics lien on real property must be commenced within 90 days after recording the lien.   (Cal. Civil Code § 8460.) For real property owners, this means that if after 90 days, the contractor has not commenced action to enforce the lien, the owner may petition the court for an order to release the property from the

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Posted in Foreclosure, Mechanics Lien

Schorr Law Successfully Defends Construction Dispute Trial With No Money Awarded to Plaintiff

Schorr Law, APC (“Schorr Law”) recently won a victory for local contractor, Richard Velasco dba Wizard Construction (“Velasco”).  When Velasco was wrongfully sued for breach of contract by a home owner alleging that Velasco refused to complete the job, Velasco turned to Zachary D. Schorr of Schorr Law for assistance.  Schorr Law was able to demonstrate to the Court that the home owner denied Velasco access to the work site, thereby not only excusing Velasco’s performance, but also constituting a breach of the contract by the home owner.   The home owner recovered nothing by way of the complaint.   Zach SchorrMore Posts – Website Follow Me:

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Posted in Wins

Default Judgments in Quiet Title Cases

Quiet title cases involve clearing title to real property.  In other words, they are actions to the declare ownership rights (or lack thereof) to real property.  Sometimes our Los Angeles real estate attorneys are brought into actions to clear title or remove old liens that may have been satisfied.  The problem with old liens is that it is sometimes hard to locate the lienholder (the lender) because the lender may have gone out of business, may have died or simply may have moved “off of the grid”.  Even after we serve the lien holders with the quiet title claims, they sometimes still do not respond.  This results in a default judgment. Unlike most civil claims, where default judgments can be proven to the court through

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Posted in Ownership, Quiet Title

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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Super Lawyers

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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