Sellers and Buyers, and their real estate agents, are usually aware of state-wide requirements that affect the sale of real property. However, there are lesser known local requirements that can prove problematic, and even delay the close of escrow or result in future liability. In drought-ridden areas in California, it is not unusual to find [...]

During the Covid-19 pandemic, restrictions on evictions and/or increases in rent were imposed, at various times, by the Center for Disease Control, the State of California, and individual California counties.  The restrictions imposed by the CDC have already expired, and the eviction moratorium restrictions imposed by the State of California are largely set to expire [...]

RECENT ISSUES… Residential landlords need to pay attention to recent and prospective changes in the law.  As we have seen over the past couple of years, the idea that there should be additional controls imposed on landlords, due to a severe housing shortage in California, has been growing.  Recently, the Governor and the legislators agreed [...]

Loan Documentation   Victoria is available to help clients who need loan documents prepared.  This can arise in the case of Seller financing of real estate, loans made in order to equalize and resolve estate planning and trust issues, loans made in purchasing businesses, or loans made to resolve co-ownership of property.  In some cases, [...]

Residential Landlords For residential landlords and tenants, leasing issues include understanding California requirements for setting the correct amount of security deposit.  In California, the security deposit for an unfurnished dwelling unit is limited to two months rent, but a landlord can require a security deposit of up to three months rent for a furnished apartment [...]

Joint Ownership, or How to Break Into the Housing Market With the market value of real estate in the stratosphere, many would-be-Buyers have found that the best way to buy real estate is together with others.  Sometimes these are family members, sometimes friends or romantic partners, and sometimes other investors. Joint ownership of property can [...]

Real Estate: Negotiations, Contracts, Sales and Management With over 38 years of experience as an attorney, 24 in her own firm, Victoria Smith specializes in representing individuals, families, and small businesses in buying, selling, leasing, and managing real estate.  We are an Orinda, California Law Firm that works with clients to:     Prepare real [...]

Easements   A common issue involving real property involves the claim of one neighbor to hold an easement in the property of another.  Typically, particularly in Orinda and other “semi-rural” areas, these easements are for access to property which is hilly and difficult to reach.  Sometimes easement claims arise from the fact that in rural [...]

Buying Real Estate Once the buyer has identified a property to purchase, the next step in the real estate transaction is to prepare the purchase contract. Victoria Smith works with buyers who are represented by real estate agents but want the reassurance of having an attorney review the documentation, as well as buyers who are [...]

Commercial Leases In a lease for commercial, retail or industrial property, there are many lease provisions that have significant long term consequences.   Victoria works with landlords and tenants in order to assure that the leases are negotiated to meet the needs of her clients. For example, it is critical for tenants to understand how CAM [...]