Real Estate

Lang, Richert & Patch offers a wide range of services in the area of real estate transactions and litigation. Our transactional attorneys regularly consult with and advise the business litigation attorneys and vice versa. The services in this area include purchase and sale transactions in industrial, commercial, agricultural, residential and development properties; leasing transactions in commercial, residential, and agricultural properties; the negotiation and drafting of construction contracts and subcontracts; real estate secured lending; the negotiation and drafting of loan workout agreements on behalf of both lenders and borrowers; escrow and title insurance issues; real estate limited partnerships and joint venture agreements; the representation of lenders and developers in the areas of subdivisions, parcel maps and the development of real estate; foreclosures both judicial and nonjudicial; as well as option agreements, tax free exchanges and other complex real estate transactions.

Lang, Richert & Patch’s business litigation lawyers are experienced in litigation in the state and federal courts, including appellate courts, in all of the above areas and regularly represent lenders, owners, purchasers, general contractors, subcontractors, developers, and others in such matters, including: mechanic’s lien foreclosures; private and public works construction disputes; bid disputes; eminent domain and inverse condemnation actions; lease disputes; purchase and sale disputes; and foreclosure actions.

Purchase and Sale Transactions:

The attorneys in this practice area frequently represent both selling owners and purchasers in real estate transactions. They are well versed in the unique issues which arise in agricultural sales, commercial sales, industrial sales and sales of real property for development purposes. In relation to such sales and the financing thereof, we counsel and advise our clients on issues relating to title insurance, options, lease-options, tax free exchange transactions, easements and other issues which arise in the context of such transactions.

Real Estate Financing Transactions:

We regularly represent lenders and borrowers in complex real estate financing transactions including the drafting of notes, deeds of trust, loan agreements, subordination agreements, loan workout agreements, loan modification agreements, guarantee agreements, intercreditor agreements and other necessary documentation in large financial transactions. We regularly offer advice and consultation regarding title insurance issues, real estate remedies (including foreclosure actions, receiver appointments, and writs of attachment), and issues relating to transactions and disputes which involve both real estate and personal property collateral.

Construction Transactions and Disputes:

The lawyers at Lang, Richert & Patch regularly represent general contractors, subcontractors, material suppliers, and owners in matters relating to construction. They regularly negotiate and draft construction and specialty contracts for businesses and individuals involved in the construction industry. They are often involved in public works contracts and our business litigators frequently represent parties in litigation with contractors, architects, engineers, owners and public entities. We regularly handle bid disputes, breach of contract issues, mechanic’s lien foreclosures, stop notice litigation, prevailing wage disputes, and any and all other disputes which arise in relation to the construction industry.

Land Use and Development:

We represent lenders, developers and owners with respect to real property issues relating to the use and development of real property. This often involves option agreements, purchase and sale contracts, development agreements with governmental entities, leases and lease options, subordination agreements, easement agreements, financial issues, eminent domain and inverse condemnation, environmental issues and CEQA litigation, and includes representation of parties before municipal and other governmental entities.

Leasing Transactions:

Our practice often finds us engaged in lease transactions and we represent both landlords and tenants. We negotiate and draft agricultural leases, commercial leases, industrial leases, and apartment and residential leases, as well as leases with options to purchase. Each type of lease has issues peculiar to the particular business or industry. We are cognizant of these issues and strive to protect our clients’ interests with those in mind. Our business litigation lawyers represent parties in lease disputes, eminent domain actions, and unlawful detainer actions, quiet title actions, and breach of contract actions relating to leases and rental agreements.