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Law Offices of Lisa D Wills
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Smart Strategies Regarding the Lease for your Business

3. Pass Through Costs, Repairs and Maintenance:

Avoid financial shocks by finding out what the Landlord is responsible to maintain and repair and the responsibilities of the Tenant. No tenant wants to be surprised with an unexpected large bill for maintenance or repair which can jeopardize the future of your business.

Prior to signing a lease, a business should evaluate the condition of the building including mechanical, electrical, structural, HVAC, plumbing, and safety codes among other items.


For example, the pre-lease inspection of the HVAC unit for the space can confirm or disprove the Landlord’s claim that the system is working when the Landlord never actually checked the system. If the HVAC unit is not working and the tenant takes possession of the premises, the tenant may be responsible for an expensive and unexpected repair later.


Expenses that the Landlord passes through to the tenant may include operating expenses, common area charges, property taxes and other costs. The Lease should clearly state what costs the tenant is responsible to pay. The more you know about potential costs related to your lease, the better that the business can plan, budget and negotiate.

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Is your Business Facing Issues with a Lease?

For expert legal assistance with any aspect of your Lease, contact the Law Offices of Lisa Wills by calling (925) 463-9000 – we are here to help you through your transaction. For more information see our website at www.LIsaWillsLaw.com.


#PleasantonBusinessAttorney #DanvilleAttorney #LivermoreBusinessLaw #TriValleyBusinessLaw #TriValleyAttorney


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Smart Strategies Regarding the Lease for your Business

2. Significance of Doing Due Diligence

Costly mistakes can occur when Tenants do not do their due diligence prior to signing the Lease. In commercial leasing “due diligence” means to gather information about the lease and space. It also means making sure to confirm your expectations and understandings about the relationship and to independently verify risks involved in the transaction.

Thoroughly inspect the physical space, structure, common areas and the surrounding neighborhood. Make sure that the space is adequate for needs of business to avoid unexpected costs to make the property fit the needs of the business.

ADA compliance is a big and potentially expensive issue. The ADA is the Americans with Disabilities Act. Look into whether the space meets ADA standards. If tenant improvements are going to be made they must be code compliant including ADA accessibility. Find out who is responsible - the tenant or the landlord.

Understanding the Lease terms prior to signing the lease is crucial. This is the time that the tenant has the most leverage to negotiate lease terms with no obligation to pay for them yet.

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Is your Business Facing Issues with a Lease?

For expert legal assistance with any aspect of your Lease, contact the Law Offices of Lisa Wills by calling (925) 463-9000 – we are here to help you through your transaction. For more information see our website at www.LIsaWillsLaw.com.

#PleasantonBusinessAttorney #DanvilleAttorney #LivermoreBusinessLaw #TriValleyBusinessLaw #TriValleyAttorney
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4/24/17
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Smart Strategies Regarding the Lease for your Business
Rent is a large expenditure for any business. Mistakes when entering lease can be a major financial setback to the business. Many businesses get in over their head when leasing space.

Smart strategies when leasing space for your business include:

1. Never Sign a Lease without Understanding the Terms
A lengthy commercial lease can be an overwhelming and intimidating document. Remember, Landlords want to profit on the Lease and the terms will be in their favor, not in the tenant’s favor. Avoid expensive mistakes by carefully going over all lease documents to make sure that you understand all terms. Make sure the business is getting what it needs/wants for the space.

Define the exact premises that is the subject of the Lease. The prospective landlord or broker may show you a spacious building with many amenities, a large parking area, a lobby, and a kitchen. Clarify which of the amenities are actually part the leased premises and what is common area and outside of the premises.

Ask if there are competitive businesses in the building. This frequently applies in retail space. It may be worthwhile to request an exclusivity clause to prevent the Landlord from renting to competing businesses near your space. It is worthwhile to explore this option.

Check the details of any “use” clause that may prohibit certain types of activities in the space and which may impact your business. For example, are activities which produce fumes or certain noise levels prohibited? Check zoning for the building to determine if the zoning allows your type of business.

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Is your Business Facing Issues with a Lease?

For expert legal assistance with any aspect of your Lease, contact the Law Offices of Lisa Wills by calling (925) 463-9000 – we are here to help you through your transaction. For more information see our website at www.LIsaWillsLaw.com.


#PleasantonBusinessAttorney #DanvilleAttorney #LivermoreBusinessLaw #TriValleyBusinessLaw #TriValleyAttorney



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SMOOTH REAL ESTATE PURCHASES

Buying or selling real estate can be a complicated process. People often think that their real estate agent is as experienced as an attorney regarding the legalities and details of real estate transactions. While real estate agents and brokers are aware of the paperwork involved in a transaction, they do not know the intricacies of the law. Only an experienced real estate attorney can help you understand your rights and avoid costly litigation. Real estate buyers and sellers can save money by obtaining the guidance of a well-qualified attorney before there is a problem.

Engaging a real estate attorney for a real estate sale can help to save thousands of dollars when a buyer is identified who wants to buy the property. This type of transaction is called a “FISBO” or “for sale by owner.” In this situation, when the seller hires a real estate attorney they can save the 3% to 6% commission on the sale price when there are no real estate agents representing the seller and buyer. This savings can translate into a lower sale price for the buyer and help the seller gets the real sale price they want.

It is crucial that the seller and the buyer should each have their own attorney to represent their interests in the deal. An attorney cannot represent both a buyer and a seller without a significant conflict of interest.

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http://lisawillslaw.com/real-estate-law/real-estate-contracts-pleasanton/

If you are looking for assistance with your real estate deal, call Lisa Wills at (925) 463-9000.

#BusinessAttorneyPleasanton
#LivermoreRealEstateLaw
#BayAreaRealEstateLaw
#HaywardRealEstateAttorney
#PleasantonBusinessAttorney


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WHEN TO USE A REAL ESTATE AGENT?

In addition to hiring a real estate attorney when you are selling or buying real estate, a real estate agent can add value to your transaction and perform tasks the attorney does not handle. The agent can:

Provide information about the local real estate market

Help set the price of your home

Identify needed repairs and improvements to improve the value of your home

Stage your home to make it look its best

Market the property so it can be found by buyer

Evaluate offers

Look for an exclusive real estate agent who will be focused on your interests and can help you with strategies during the bidding process. Agents paid on commission always have a conflict of interest. Even an agent who represents only you has a financial interest in seeing the deal go through. Experienced, reputable agents do not let this interfere with their guidance. However, less conscientious agents can compromise your interests.

Hiring a real estate attorney to review your transaction documents even when you are represented by a real estate agent can help reassure you that the terms of your real estate agreement and documents are correct and can answer your questions about the legal consequences.

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#PleasantonRealEstateLawyer #DublinRealEstateAttorney #CastroValleyRealEstateLaw

http://lisawillslaw.com/legal-disclaimer/



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Improve your Company’s Review and Approval of Contracts and Documents (Part 2)

Make sure that copies are delivered to all interested parties.

Calendar any dates that may require follow up action, such as performance milestones and option elections.

Plan for ongoing review of the performance of each of the parties under the terms of the contract, at least in those cases where the contract is long-term and calls for continuous performance over an extended period of time.

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Hire an Attorney to Safeguard the Interest of your Business
Our experience can educate you and your company regarding transactions that affect the business and the bottom line. We prepare a wide variety of contracts and documents for all of your business needs. Our solid and practical legal advice helps business owners and businesses keep their attention on the business and avoid costly legal issues. Contact us with questions and concerns at (925) 463-9000.

#PleasantonBusinessLaw #SanRamonBusinessLaw #LivermoreBusinessLawyer #DanvilleBusinessLawyer #DublinBusinessLaw #BusinessAttorney




http://lisawillslaw.com/


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Improve your Company’s Review and Approval of Contracts and Documents
Part 1


To be sure that issues relating to a proposed contract are identified and addressed it is important for a business to create and follow contract review and approval procedures such as the following:

To assist with negotiation of the essential terms of the contract, prepare a term sheet or letter of understanding to be sure that the parties are in agreement regarding the essential terms before time and effort is spent on contract preparation.

Retain a skilled business attorney to draft company documents and contracts with the company’s best interests in mind.

Discuss and negotiate necessary changes in the initial drafts and circulate revised drafts for review and finalization.

Determine who has authority to sign the particular contract.

Make sure that the transaction is concluded in a manner where all contracts and related documents are executed and exchanged and any required performance at the closing (such as cash payments) is completed.

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Lisa Wills of the Law Offices of Lisa D. Wills is an experienced business attorney who practices law in Pleasanton, San Ramon, Dublin, Livermore, Danville, Castro Valley and Hayward, CA. For review of the important contracts and documents for your business call Lisa Wills at (925) 463-9000.

#PleasantonRealEstateLaw #FremontRealEstateLaw #CastroValleyRealEstateLaw #HaywardRealEstateLaw #Business #Litigation

http://lisawillslaw.com/



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Disclosure Obligations for Residential Home Sellers (Part 3)


Consequences of Failure to Disclose Material Property Conditions

If the seller does not accurately describe the condition of the property to a buyer, the result could be a long, drawn out lawsuit.
The seller could ultimately be held liable to the buyer for damages for the failure to disclose to the buyer material property conditions. A lawsuit can get very expensive, very quickly. It is worth investing in legal assistance to help you complete the disclosure forms so that property conditions are fully disclosed prior to closing the transaction.

Hire an Attorney to Protect Your Interests in the Process

A knowledgeable real estate attorney can advise you on real estate matters including understanding the terms of the purchase and sale agreement, negotiation of the transaction, what to disclose about your property and many more real estate related issues.

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Lisa Wills of the Law Offices of Lisa D. Wills is a skilled real estate attorney in Pleasanton, California educating real estate buyers and sellers so they can successfully close their real estate transaction and protect themselves. Call Lisa Wills now at (925) 463-9000 for solid legal advice for your real estate deal.

#PleasantonRealEstateLaw #FremontRealEstateLaw #CastroValleyRealEstateLaw #HaywardRealEstateLaw #Attorney #Litigation #RealEstate

http://lisawillslaw.com/



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Disclosure Obligations for Residential Home Sellers (Continued)


There are many required disclosures for a California residential property transaction. Additionally, there may be additional area specific forms required for transactions. The required Real Estate Transfer Disclosure Statement (“TDS”) covers a wide variety of subjects including structural information about your home, roof condition, appliances, room additions, permits for construction, building code violations, neighborhood noise and nuisances in addition to many other items.

When to give the Buyer the Disclosures:

It is suggested that the seller give the buyer the required disclosures as soon as possible to allow the buyer to investigate further and decide if they want to purchase the property. A transaction may go more smoothly if the seller has all of the disclosures and other seller paperwork completed prior to listing the property so the information can be given to a serious potential purchaser when an offer to purchase is made.

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Lisa Wills of the Law Offices of Lisa D. Wills is a knowledgeable real estate attorney in Pleasanton, CA. Call Lisa Wills at (925) 463-9000 for legal assistance with your real estate deal.

#PleasantonRealEstateLaw #SanRamonRealEstateLaw #LivermoreRealEstateLaw #DanvilleRealEstateLaw #DublinRealEstateLaw #BusinessAttorney

http://lisawillslaw.com/





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Disclosure Obligations for Residential Home Sellers
(Part 1)

In California, a residential property seller has a strict duty to accurately complete state required disclosures about condition of the residence that will be given to a potential buyer in a residential purchase and sale transaction. The seller must disclose known, material facts about the property which could affect the value or desirability of the property to a prospective buyer.

The purpose of these disclosure obligations are to give the buyer as much information as possible about a property to be able to adequately evaluate it’s condition including the need for any potential repairs or necessary upgrades to the home. The strict disclosure requirements are meant to encourage seller to be truthful about the condition of the property because they can be sued if they fail to disclose problems or defective conditions.

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Lisa Wills of the Law Offices of Lisa D. Wills is a knowledgeable real estate attorney in Pleasanton, CA helping educate real estate buyers and sellers so they can successfully close their real estate transaction. Call Lisa Wills at (925) 463-9000 for assistance so that your transaction will be smooth and free of problems.

#PleasantonRealEstateLaw #FremontRealEstateLaw #CastroValleyRealEstateLaw #HaywardRealEstateLaw #RealEstate #Litigation

http://lisawillslaw.com/


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