Law 9Selling Real Estate

 

Victoria Smith works with sellers who are represented by real estate agents, but want the reassurance of having an attorney review the documentation, as well as sellers who are self-represented.  The purchase contract needs to include several key components, including the time limitations for investigating the property and removing contingencies, whether there is to be a “liquidated damages” clause so as to limit the cost to the buyer if the contact is terminated, the price, and any repairs to the property.

For the seller, making full disclosure regarding all relevant items known about the property is imperative, and Victoria can assist sellers to fully comply with the law.  Under California law, a seller must make disclosures regarding specific items and has a common law duty to disclose facts materially affecting the value or desirability of the property.  Undisclosed facts are material if they would have a significant and measurable effect on market value. California Courts have held that sellers can be liable in damages to buyers, and may even require that the sales be reversed, where sellers have not disclosed “difficult neighbors”, including those who create excessive noise by playing basketball late at night, or failed to disclose that improvements on the property were constructed in violation of building codes, zoning regulations or without permits.  When in doubt, disclose!

It is also critical to the successful transfer of the property to do a proper review of the title issues in the transaction and provide appropriate instructions to the escrow officer.  With over 30 years of experience in identifying and resolving title and escrow issues, Victoria will work with sellers and agents to make sure that the parties understand the impact of encumbrances upon title that are discovered during the title search, and will ensure that the escrow officer is provided with the necessary documents and information to close the transaction on time.

For Sellers, it is important to structure the sale so that important deadlines are met, and the sale is closed in a timely fashion.  Victoria can help Sellers accomplish this goal.

  • Easements
  • Buying Real Estate
  • Selling Real Estate
  • Commercial Leases
  • Residential Landlords
  • Title Issues
  • Escrow Issues

Our Goal

From her office in Orinda, CA, Victoria Smith represents clients throughout the San Francisco Bay Area in buying and selling real estate, leasing and managing their tenants, title and real estate issues, and secured debt collection. Victoria finds cost-effective and focused solutions to her client’s problems.

Meeting Client Needs

Victoria represents clients ranging from institutions to everyday families trying to protect their real estate investments. Victoria’s clients include professional fiduciaries, mom and pop real estate investors, lenders, homeowners, insurance companies, and commercial property owners. In each case, Victoria understands that clients need to be kept informed about their matters and want responsive services. We provide clients with copies of all relevant documents and keep in touch promptly via phone, fax, and email.

Putting Experience to Work for Clients

With 38 years of experience practicing law in the Bay Area, Victoria specializes in Real Estate Law.  Victoria can offer her clients the knowledge and experience that she has developed in her real estate law career, including her understanding of the needs of clients as they relate to:

  • Real Estate Transactions, including Contract, Title and Escrow Issues
  • The Joint Ownership, Management and Disposition of Real Property
  • All aspects of Landlord/Tenant Relationships, including Leases, Disputes and Unlawful Detainer for residential and commercial properties
  • Real Estate Disclosures and Due Diligence
  • Mechanic’s Lien Claims
  • Resolving Neighborhood Real Property Disputes
  • Transfer of Business Interests

Victoria Smith offers a free telephone consultation regarding real estate and other contract issues.