Logue Law represents homeowners, investors, brokers, contractors, landlords, and tenants in a wide range of California real estate transactions and disputes.

REAL ESTATE TRANSACTIONS

Purchase or Sale

Before executing a purchase agreement to buy or sell real property, you should be advised by Logue Law. Too frequently our clients seek legal assistance once a binding contract has already been created. Typically, this is too late and had the client sought a legal opinion before they entered into the contract, the conflict could have been avoided. You should not rely on your real estate agent or broker to ensure that the contract has the proper legal provisions and protections. Logue Law has acute knowledge and experience as to what contract language should be modified or inserted in order to protect the client’s legal interests. We specialize in pursuing proactive legal measures in order to avoid the high economic and emotional costs of litigation. If you are seriously interested in pursuing a purchase or sale of real property, hire Logue Law to act as your legal professional today.

Contract Review

Too frequently clients visit Logue Law and request that we review a contract after it has been executed. This is a mistake. You should hire an attorney who has specific training in contract analysis and negotiation before executing a contract that affects your legal rights. Logue Law will translate the “legalese" for you and understands which provisions to modify or delete. Do not attempt to represent yourself in a contract negotiation. Logue Law will guide you through the negotiation process so that you do not compromise important legal rights. If you are going to enter into a binding contract, hire Logue Law to act as your legal professional today.

Negotiation

You never get what you deserve but you always get what you negotiate. Almost everything in life is a form of negotiation. Hire Logue Law to negotiate on your behalf. We are specifically trained in negotiation and successfully negotiate on our clients' behalves every day. We are thoroughly prepared and conduct extensive research before entering a negotiation. We strive to know the answer before the question is asked. Representing oneself in a negotiation is not an ideal situation and frequently leads to ineffective results. If you need to negotiate, hire Logue Law to act as your legal professional today.

Due Diligence

Title Issues

Unforeseen Title issues can cause major problems when acquiring real property. Whether you are purchasing residential, commercial, land, or other real property, it is essential to have a real estate attorney perform a thorough title review on your behalf. Legally, buyers are deemed to have constructive notice of the contents of a property’s record title. Failing to comprehensively examine the contents of these documents can result in unwanted, unnecessary, and expensive surprises. Knowing that your real estate purchase or sale has been aided by the help of a knowledgeable professional provides an added degree of comfort and confidence. If you are involved in the purchase of real property, hire Logue Law to act as your legal professional today.

Leases

Logue Law has experience drafting all types of leases including commercial, residential and agricultural. Too frequently clients request that we review a lease after it has been executed. This is a mistake. Whether you are a landlord or tenant, you should consult Logue Law to review, draft, and negotiate your lease on your behalf. Logue Law has experience in representing both landlords and tenants in commercial and residential leases. We understand the landlord’s perspective of maximizing profitability and are familiar with the key lease provisions that serve this purpose. Landlords should also have certain lease provisions present to ensure that problem tenants do not gain unnecessary leverage and cause excruciatingly expensive headaches. Similarly, we help tenants ensure the presence of tenant-friendly provisions so that landlords do not take advantage of them. You should hire an attorney who has specific training in lease analysis and negotiation before executing a lease that affects your legal rights. If you are party to a real property lease, hire Logue Law to act as an advocate on your behalf.

Landlord-Tenant Issues

Logue Law has experience in representing both landlords and tenants in commercial and residential disputes, negotiations and evictions. Both landlords and tenants should be aware that California’s landlord-tenant laws and unlawful detainer statutes are particularly complex. We understand the landlord’s perspective of maximizing profitability and are familiar with the key lease provisions that serve this purpose. Landlords should also have certain lease provisions present to ensure that problem tenants do not gain unnecessary leverage and cause excruciatingly expensive headaches. Similarly, we assist tenants in protecting and exercising their rights so that landlords do not take advantage of them. A single wrong move or improper notice may expose you to statutory penalties and defeat an eviction claim or defense. Hire Logue Law to handle landlord tenant disputes and negotiations from the beginning, before the matter spins out of control. This proactive measure will save you time and money in the long run. Logue Law has a proven track record of achieving superior results. If you are involved in a Landlord-Tenant matter, hire Logue Law to protect your interests.

LLCs & Partnerships

When owning real estate or conducting business, it is critical that one employs the proper business entity. LLCs or other similar entities can limit your exposure to liability and protect your hard-earned wealth. Depending on your circumstances, a Limited Liability Company (LLC), Corporation, or Partnership may suit your needs. Rather than paying a website or using a do-it-yourself-kit, you should always hire an attorney to form your business entity. If you fail to properly form an LLC, fail to include the appropriate language in your Operating Agreement, or fail to conduct LLC business, you risk a court throwing out the protections afforded by an LLC. If you are a real estate owner or investor, hire Logue Law to form your business entity today.

Co-Ownership Agreements

Joint ownership of property is common; however, a well drafted and concise co-ownership or co-tenancy agreement is not. Such an agreement governs the co-owners' relationship and responsibilities thereto. Amazingly, too frequently co-owners will not have any written agreement between them. This is a recipe for conflict and displeasure. Logue Law has drafted scores of these agreements which assists owners in maintaining healthy and productive relationships. Protect your business relationships and prepare for unforeseen circumstances with a co-ownership agreement. If you are involved in a business partnership, hire Logue Law today.

Construction Contracts

Construction projects are complex endeavors involving countless details, contingencies, and variable conditions. Contractors and their customers rely on effective construction contracts to lay the groundwork for effective business relationships. Logue Law has experience preparing comprehensive construction contracts for builders and their customers. When project delays and claims of defective construction occur during or after the project, Logue Law represents the interests of contractors, developers, and property owners in litigation. We also represent all parties in the review, negotiation, and drafting of construction agreements. Hire Logue Law today.

Easements & Covenants

An easement is a property interest in land which falls within the larger category of servitudes and is characterized as an encumbrance on the property they burden. An "affirmative easement" creates the right to enter and use land possessed by someone else in a way that would constitute a trespass absent the easement. Affirmative easements are commonly used to create rights-of-way for driveways, pipelines, and utility lines. A license authorizes the holder to temporarily enter and use the land of another, but it is revocable and not considered an interest in land. Covenants usually create a right that someone else not use his land in specified ways. Imprecise drafting of these instruments may lead to serious problems and disputes in the future. Logue Law can carefully draft the specific easement, license, or covenant that fits your needs. If you need to create or enforce an easement, hire Logue Law to protect your property rights.

Trust Deeds

With the ever-changing lending environment, new legal issues have developed relating to mortgages, promissory notes and trust deeds. Many real estate investors are considering seller financing as an option to fund their purchases. Specifically, a Trust Deed (also called a deed of trust) is not like the other types of deeds and is not used to transfer property. Really, it is just a version of a mortgage. A trust deed transfers title to land to a "trustee," usually a trust or title company, which holds the land as security for a loan. When the loan is paid off, title is transferred to the borrower. The trustee has no powers unless the borrower defaults on the loan. If this occurs, the trustee can sell the property and pay the lender back from the proceeds, without first going to court. When loaning funds it is imperative that you have properly drafted legal documents that will give you the security you deserve. If you are involved in any type of mortgage instrument, hire Logue Law to ensure you are protected in case of default.

REAL ESTATE LITIGATION

Logue Law has successfully litigated a wide array of disputes. We are always well prepared and will provide you with a vigorous prosecution or aggressive defense of your claim. We frequently collaborate with other law firms and attorneys to provide our clients with top notch service and expertise. Our clients receive small firm service with big firm results.

Building & Zoning Violations

Logue Law has successfully represented clients in a variety of zoning and enforcement actions. When dealing with government bureaucracies who have issued a violation or citation against you, it is critical that individuals quickly retain legal representation. Too often individuals attempt to resolve these controversies themselves. In doing so, individuals are navigating unfamiliar territory and may easily make damaging admissions which will hurt their case. If you are involved in a dispute with the city or county, hire Logue Law to provide competent legal representation.

Breach of Contract

Real estate contract litigation involves not only the general law of contract, but also particular statutory and common law rules. Whether the contract is a purchase and sale agreement, an installment land contract, an option to purchase, a lease, or some other type of instrument, it is subject to the same principles of law that govern contracts in general. Consequently, the general law of contracts should be considered in any dispute concerning a real estate agreement and could have a decisive impact on the rights and obligations of the parties. For example, requirements for contract formation and enforceability, rules applicable to contract interpretation, and other general contract issues are important in litigation involving real estate agreements. Essential to the formation of a contract and, if not present, will affect its enforceability: (1) the parties to the contract must be capable of contracting; (2) the parties must consent to the agreement; (3) the contract must have a valid object; and (4) the contract must be supported by sufficient consideration. In addition, most agreements affecting an interest in real property must be in writing. Logue Law has experience in litigating all types of real estate breach of contract actions. If you are involved in a contract and need assistance, hire Logue Law to represent your best interests.

Boundary Disputes & Prescriptive Rights

Most people are unaware that failing to protect their property rights may lead to a neighbor or even a stranger claiming that they have a right to use or even own your land. This controversial and confounding area of the law is known as adverse possession and prescriptive rights. California’s applicable statutes grant these rights in a shockingly short time period. If you fail to take the appropriate action, you risk losing your property rights forever. Logue Law is well versed in these subjects and has successfully represented clients in making and defending these claims. Do not jeopardize your expensive property rights. If you feel that your property rights may be violated, hire Logue Law to ensure that what is your property remains your property.

Quiet Title Actions

An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title. This legal action is brought to remove a cloud on the title so that plaintiff and those in privity with him may forever be free of claims against the property. It is frequently used to resolve boundary disputes, prescriptive rights, survey errors, and fraudulent conveyances. Quiet Title Actions are complicated and require careful handling. If you have a title issue, hire Logue Law to protect your interests.

Slander of Title

Slander of title is normally a claim involving real estate in which one entity falsely claims to own another entity's property. Alternatively, it is casting aspersion on someone else's property, business or goods (e.g. claiming a house is infested with termites when it is not). A slander of title suit can be pursued with merit in a variety of circumstances including but not limited to" the filing of an invalid lien against real property or virtually any type of recordable instrument recorded against a property by one without privilege which is untrue. It is not a requirement that it be recorded but merely published, and in the broadest sense of the word. Published can even refer to the placement of a lawn sign in front of someone's property upon which is conveyed an untrue disparaging statement. Logue Law has the ability to effectively represent you in a slander of title action. If you need to protect the legitimacy of your ownership rights, hire Logue Law to represent your interests.

Failure to Disclose Issues

Sellers are obligated to disclose to the Buyer all material facts that affect the marketability or desirability of the property. Frequently, Sellers and their real estate agents fail their respective obligations under the law. If you discover an issue that was not disclosed, you must act quickly to enforce your rights or you may lose your ability to successfully prevail on your claim. If you encountered any unwanted surprises with a property you purchased, hire Logue Law to provide you with a review and opinion of your legal rights.

Real Estate Broker Negligence

Real estate agent negligence is a form of professional malpractice. You may have a valid case against a seller or a real estate agent if either party failed to inform you about a material fact that affects the value or desirability of the property that you purchased. A real estate agent has a duty to do a proper visual inspection of a property and to reveal any obvious defects to a buyer before closing. A seller’s agent must also disclose property conditions, homeowner’s association dues, conflicts of interest, and any financial gain the agent received from a third party, such as payment from an inspector, escrow or title agent. Consult Logue Law to determine whether you have a viable case and are entitled to an award of damages.

Nuisance/Trespass

Lawsuits invoking the law of nuisance typically involve neighbors suing their neighbors or a public official suing a property owner for the benefit of the general public. By bringing suit, the plaintiff usually seeks to control or limit the use of the land owned by the defendant. The plaintiff is basically saying to the defendant, "Your action is interfering with my enjoyment of my property; therefore, you must stop acting in that manner."

Logue Law has successfully litigated nuisance actions. We represent homeowners whose property rights have been substantially compromised. If your neighbor’s actions or inactions are affecting the use and enjoyment of your property, hire Logue Law to protect your rights.

Construction Defect

We successfully represent homeowners in construction defect claims. The most common defects found in homes and other buildings are water intrusion, improperly installed windows, doors and roofs, missing or improperly installed fire stops and shear walls, defective concrete, inadequate insulation, improperly installed electrical and plumbing systems, and inadequately fastened roofing members. Another major problem, subsidence, results from improper drainage, especially in areas where housing is built on hillsides. If you believe your home may have a construction defect, hire Logue Law so that you do not have any statute of limitation issues.

Mechanics Lien Law

The objective of the mechanics' lien law is to secure payment to a mechanic for his labor and materials. The California Constitution provides that all classes of mechanics, material men, artisans and laborers shall have a lien on the property on which they have bestowed labor or furnished material for the value of that labor or material. This constitutional mandate has been made effective by the legislature through the procedures codified in the California Civil Code. Unfortunately, California’s mechanic’s lien laws are highly technical and confusing, even for some attorneys. Logue Law has successfully litigated mechanic’s lien disputes and provides legal advice to clients in this area.

Do you need to place a mechanics' lien on a property you worked on? Is the purchase or sale of your home stalled due to an expired lien? Logue Law assists all parties in real estate matters involving mechanics' liens. We handle the documentation and filing procedures required to place or remove mechanics' liens. We represent contractors who have not been paid by developers or other property owners; sub-contractors who have not been paid by general contractors; and property owners when a cloud on the title is preventing a purchase, sale, or other real estate transaction. California’s Mechanic’s Lien statutes are complicated and are filled with rigid deadlines. If you need assistance handling this complicated matter, hire Logue Law to represent you through this process.

ESTATE PLANNING

Logue Law can competently and comprehensively plan your estate. Not all estate plans are created equal and no one should use a do-it-yourself estate planning book with pre-printed forms to plan their estate.

Asset Protection

Asset protection is estate planning and estate planning is asset protection. As a property owner, you need to take proactive measures to protect yourself from liability. If you fail to do so and, for example, an accident occurs on your property, all of your assets may be at risk. Logue Law understands this and employs legal methods to shield its clients from liability.

The most effective estate plans provide for the future by anticipating the future. Logue Law consults with each client at length to fully determine what their estate plan needs to accomplish. We offer practical and knowledgeable advice to assist clients minimize tax burdens, set up trusts to directly transfer assets, avoid probate, create living trusts, provide for future medical expenses, establish guardianships, conservatorships or powers of attorney, write simple wills and more. If you need to organize your estate plans, hire Logue Law to protect yourself and your loved ones today.

Living Trusts

A living trust may be the most important part of your estate plan. It is a written legal document that partially substitutes for a will. With a living trust, your assets (your home, bank accounts and stocks, for example) are put into the trust, administered for your benefit during your lifetime, and then transferred to your beneficiaries when you die. Most people name themselves as the trustee in charge of managing their trust's assets. This way, even though your assets have been put into the trust, you can remain in control of your assets during your lifetime. You can also name a successor trustee (a person or an institution) who will manage the trust's assets if you ever become unable or unwilling to do so yourself.

The living trust:

• 1) Gives the trustee the legal right to manage and control the assets held in your trust;
  
  
• 2) Instructs the trustee to manage the trust's assets for your benefit during your lifetime;
  
  
• 3) Names the beneficiaries (persons or charitable organizations) who are to receive your trust's assets when you die; and
  
  
• 4) Gives guidance and certain powers and authority to the trustee to manage and distribute your trust's assets. The trustee is a fiduciary, which means he or she holds a position of trust and confidence and is subject to strict responsibilities and very high standards. For example, the trustee cannot use your trust's assets for his or her own personal use or benefit without your explicit permission. Instead, the trustee must hold and use trust assets solely for the benefit of the trust's beneficiaries.

Powers of Attorney

A Power of Attorney is a legal document where one person authorizes another to act on his behalf in a wide variety of legal and financial situations. A Power of Attorney can be General (granting broad powers) or Special (granting powers over specified situations only). In addition, it may include language to make it a Durable Power of Attorney, which means it remains in effect even if one becomes legally incompetent. For such a critical legal document, people should not simply use a form purchased or found online. Do not fall into this trap. Using a cookie-cutter form risks the validity of the Power of Attorney itself. Instead, give yourself the peace of mind that you deserve by hiring a legal professional, Logue Law, to craft the Power of Attorney that fits your particular needs.