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February 2016 Archives

Arbitration Agreements in Employee Contracts - Potential Litigation

Arbitration Agreements in employee contracts are receiving close scrutiny by the California courts. While the state laws favor enforcement of valid arbitration agreements, the courts are reviewing the mandatory arbitration agreements in the employment arena to ensure the arbitration provisions are not unconscionable. The courts will not enforce an arbitration agreement that is unconscionable or contrary to public policy.

Steps foreign investors must take when purchasing real estate

 In a prior post, we noted how foreign real estate investment was likely to increase in 2016 because market for commercial properties was such that opportunities would be difficult to pass up. This, combined with Congress relaxing tax requirements for foreign investors would likely spur additional interest in markets where redevelopment projects are poised to generate a new round of wealth.

AIR Form Commercial Lease and Tenant Concerns - Part 1

The AIR Standard Form leases for commercial leasing are common. While there are advantages to using the lease for both parties, there are also risk that the parties should be prepared to address. This multi-series blog will focus on areas of the AIR Form lease of which tenants should be warry. Having an attorney assist in negotiating changes or modifications to the AIR Form Commercial Lease may provide added protections to you.

ALTA/NSPS Requirements Change Effective February 23, 2016

On February 23, 2016, the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys will become effective (superseding the 2011 ALTA/ACSM standards).

Lender Relief for Condominium Projects

Lender Relief for condominium projects comes from the House of Representatives. The House passed 427 to 0 a bill entitled "House Opportunity through Modernization".  Under the bill, the rules and regulations of the FHA are being relaxed.  Approximately, ten years ago the FHA severly tightened its regulations related to financing condominium units.  The tightening of the rules and regulations resulted in only about ten percent (10%) of the projects in the United States qualifying for financing underwritten by FHA.  The lack of FHA financing has negatively impacted sales and increase the percentage of condominium unit rentals, both of which in turn negatively affect the value.  

Nonprofits - Are Your Donors' Gifts Safe?

Public Nonprofits and 501(c)(3) chartiable organizations have an obligation to     ensure the donations received are properly documented.  The IRS regulations are complicated and cumberson.  The failure to follow the IRS regulations related to documentation can be financially harmful to both the nonprofit and to the donor.

City of Carlsbad Exempts La Costa Condos from Short-Term Vacation Rental Ordinance

Over the past decade, municipalities up and down the California coast have passed ordinances which limit short-term vacation rentals to properties located within the coastal zone.

California Coastal Commission Decision - Exec. Director Lester is Out.

For the first time, the California Coastal Commission has terminated the services of its Executive Director, Dr. Charles Lester. (For a full report of the decision, see this recent LA Times article).

Will the California Coastal Commission choose a new leader?

Commercials about California tourism may focus on how celebrities live their lives and have fun across the state, but arguably the real draw is the state's natural beauty; especially along the coastline. The Pacific Coast Highway is world renowned for its unspoiled beauty, and this is possible due in part to the work of the California Coastal Commission.

Ever Changing Court Rules May Cost Clients Money & Delays

Litigation is expensive and time-consuming, but at times it is part of our personal and business lives. The court system is suffering from a lack of funds to properly staff for the needs and demands of the public.  In an effort to cut down on courtroom time by eliminating or dissuading certain court proceedings, the legislature has changed the rules, some of which are discussed here.

Landlords Can Avoid Most Litigation

Most litigation that confronts the owners of rental property can be avoided through (1) the use of a properly drafted lease specific to the property and (2) management of the property consistent with that lease agreement. (Management is an issue that will be discussed in a later blog.)

California Coastal Commission vs. Mobilehome Parks and LUPs

The San Mateo Daily Journal reports here on a coming battle with the California Coastal Commission that should alarm coastal mobilehome park owners and residents alike.

Investment opportunities abound with new Rams' stadium

Last week's decision by the National Football League to allow the Rams franchise to relocate from St. Louis to Los Angeles was a landmark decision not only in fan loyalty but in terms of commercial real estate potential values.

You Won in Court - Now What?

Litigation is common in real estate matters, mobilehome parks and businesses. Many clients view the trial as the end but often do not realize that obtaining a monetary judgment and actually collecting the dollars can be two very different things.  Statistically about 80% of all judgments awarded are never collected and for many collection is the most difficult part of winning a lawsuit.  While the court has the sole responsibility to award the judgment, once the successful party has the judgment, it is their sole responsibility to enforce the judgment and collect the dollars.

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The Loftin Firm, P.C.

The Loftin Firm, P.C.
5760 Fleet Street
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Carlsbad, California 92008-4713

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