Blog Archives

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

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

Real Estate Prices Rise Along With Real Estate Litigation

The Los Angeles Times had an interesting article on the rising real estate prices across Southern California. It showed Los Angeles prices up about 16%. In our years of practice of real estate litigation, while we certainly never see a slow down on real estate disputes we are seeing return of the equity fight. The equity fight is the fight amongst co-owners of real estate over equity in the property. These fights (legal battles) were quite common during the real estate bubble. The claims typically range from partition, ouster, quiet title and even constructive trust theories. The real estate attorneys at Schorr Law have years of experience in all of these disputes and offer a very aggressive yet cost effective approach to litigation and arbitration.

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Posted in Litigation, Real Estate Attorney Los Angeles, Real Estate Market

Commercial Lease – Subordination and Non-Disturbance Agreements

A subordination, non-disturbance, and attornment agreement, commonly known as a “SNDA” is an agreement that addresses lien priorities as between tenants and lenders. These SNDA set out when the rights of the tenant will be subordinate (junior) to the rights of the lenders. The overall purpose of a SNDA agreement is to assure a tenant that their rights in their lease and the leased premises will not be disturbed even if the landlord defaults on its loan and the commercial lender forecloses on the property. The attornment agreement, in turn, typically provides that the tenant will continue their obligations under the lease even in the event a new landlord takes over the contract. This assures the lender that there will be privity of contract following

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Posted in Lien Priority, Non-Disturbance, Real Estate Attorney Los Angeles, Subordination

Recovering Attorneys’ Fees in a California Lawsuit

Anytime a person or individual is faced with a lawsuit or contemplating filing a lawsuit they should always be thinking about attorneys’ fees.  Attorneys’ fees are important because they are generally the cost of participating in the lawsuit with the aid of a lawyer.  Lawyers generally charge by the hour or agree to take the case on a contingency.  For lawyers charging by the hour or via flat fees, the cost of the lawsuit is largely the attorneys’ fees. Because attorneys’ fees necessarily play a large role in any lawsuit it is important to understand whether there is an ability to recover attorneys’ fees in a particular dispute.  The law in California generally provides that unless attorneys’ fees are provided for by statute or by

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Posted in Litigation, Real Estate Attorney, Real Estate Attorney Los Angeles

3 Options For A Buyer When A Seller Backs Out of Escrow

Little is more frustrating for a buyer than having a seller of real property attempt to back out of a purchase and sale agreement after escrow has opened.  Typically, the buyer has spent hours searching for the perfect property, submitting multiple offers and time negotiating the terms of the purchase agreement that they had thought was finalized.  If the seller attempts to back out once escrow has commenced, without a valid basis for doing so, then the buyer has at least 3 options: 1.  Demand the seller comply with the terms of the contract.  In California, most residential purchase and sale agreements are drafted using the California Association of Realtor’s form.  This form usually requires that the buyer and seller participate in pre-lawsuit or pre-arbitration

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Posted in Purchase and Sale, Real Estate Attorney Los Angeles, Specific Performance

Zachary Schorr quoted in First Time Home Buyer’s Guide

Lead real estate attorney Zachary D. Schorr was recently quoted in an article appearing in a First-Time Homebuyer’s Guide.  The article is entitled “An Appraising Eye”.  Click here for a copy of the article.  The article deals with the role appraisals play in the home buying process. Buying a home can be tricky.  Knowing the ins and outs of appraisals and appraisal contingency can be a key to making any real estate purchase and sale transaction go smoothly.  Our Los Angeles based real estate lawyers know what it takes to give both the buyer and seller the greatest flexibility or a lack of flexibility (depending on whether you are the buyer or seller) in dealing with purchase and sale transactions.   Zach SchorrMore Posts – Website

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Posted in Media, Real Estate Attorney, Real Estate Attorney Los Angeles

Los Angeles Purchase and Sale Agreement Attorney: Understanding The Importance of Purchase and Sale Contingencies

For most people, buying a home is one of the largest financial decisions that a person or couple will make.  In California, unlike other states, the transaction is usually handled through real estate agents and brokers and without the presence of an attorney.  In other states, attorneys are required to be involved in the escrow process.  While, we understand that it is sometimes quicker to not involve an attorney, doing so can have a high cost, especially when you are dealing with purchase and sale contingencies. For example, our Los Angeles based real estate attorneys know the ins and outs of dealing with purchase and sale contingencies.  Purchase and sale agreement contingencies are the conditions precedent or conditions that the buyer must remove before passing

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Posted in Contingencies, Purchase and Sale, Real Estate Attorney Los Angeles

Los Angeles Commercial Easement Attorney – Disputes

In our Los Angeles based real estate litigation practice we frequently see adjacent owners of commercial property who provide reciprocal easements with each other.  Generally, reciprocal easements are used when a property is owned by one or more entity and the multiple entities wish to develop the property together.  We see this with shopping centers.  Reciprocal easements can also arise in situations where adjacent owners share a parking lot or adjacent land where it makes sense for the parties to share use of each other’s property. In our real estate practice we have seen situations where disagreements arise regarding the maintenance of the reciprocal easement or the usage.  For example, sometimes one side is responsible for a portion of the maintenance cost of another’s property

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Posted in Commercial Real Estate, Easement, Real Estate Attorney Los Angeles

Los Angeles Real Estate Attorney: Step 3 for Commercial Leasing Disputes

Our Los Angeles Real Estate attorneys handle all types of commercial real estate leasing disputes.  After reviewing steps 1 and 2, we are now at step 3, which is initiating the actual dispute.  Initiating a commercial leasing dispute is not as simple as just filing a basic claim.  Drafting the complaint or arbitration demand is key because is sets the framework for the entire litigation.  Of course, if you fail to add a cause of action you can always seek leave to amend to add another claim at a later time but it becomes much harder to do once the initial complaint has been filed.  You usually have to show that you did not know of the claim at the time the party filed the

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Posted in Commercial Lease, Leases, Real Estate Attorney Los Angeles

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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