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

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

Los Angeles Commercial Lease Attorney – Negotiating an Option

As Los Angeles commercial leasing attorneys we frequently deal with lease options.  If possible, we always recommend that a tenant pursue a lease option at the outset of their lease.  A lease option gives the tenant the right, generally within a specified period of time, to extend the life of the lease.  This can be useful because it allows a business to avoid the risk of being forced to move at the end of their fixed term while still providing the flexibility in allowing the business to move if the location is no longer suitable for its needs.  Here are three important questions to focus on when negotiating a lease option. 1.  When is the option exercisable?  Typically the lease option will provide a time frame when the lease option

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Posted in Commercial Lease, Leases

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 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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