Real Estate Law – From the Ground Up®

Real Estate Law <span>– From the Ground Up®</span>

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Investment & Title Issues

Our law firm handles all matters related to real estate investments — including partnerships, property management issues, and landlord & tenant matters. When disputes arise concerning title of property, our firm works to advance the ownership interests of our clients by removing improper liens, executing partition actions, and initiating or defending quiet title actions.

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Easements

Easements are a very common way for homeowners to grant access to other parties access, such as driveways, roads, fences, and utility poles. Our attorneys have a wealth of experience in creating and extinguishing easements, as well as representing homeowners in easement disputes.

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HOA & Neighbor Disputes

Disagreement among neighbors is the most common source of homeowner disputes. Our firm assists homeowners that find themselves in conflict with the CC&Rs put forth by their homeowners association (HOA), representing owners in hearings and lawsuits concerning floods, right to use issues, rule violations, noise & neighbor conflicts, and short-term rental restrictions. We also defend HOA boards from lawsuits over special assessments, amendments, and enforcements.

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Boundary, Fence, & Tree Disputes

Boundary disputes are the most common issues that arise between neighbors, often initiated by a disagreement about a fence, tree, or property line. Reconcilling boundary disputes involves a careful balancing of legal principles and fact patterns to bring forth an amiable resolution. Attorneys with our Boundary Dispute practice group have extensive experience navigating conflicts and creating solutions for commercial and residential owners.

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Purchase & Sale of Real Property

The process of purchasing or selling a home in the highly competitive San Francisco Bay Area market can be challenging. From deposits, disclosures, contingencies, liens, loans, or title issues, any one of these elements can complicate the transaction. The Real Estate Transaction practice group at our law firm assists with all matters relating to the purchase and sale of real estate. Every attorney at our firm is a licensed real estate broker, and we help buyers, sellers, agents, investors, and lenders through all stages of the real estate transaction process.

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Commercial Real Estate Law

On-going business growth and economic development in the San Francisco Bay Area has intensified pressure on commercial real estate. Our Commercial Property Law practice provides a full spectrum of legal services that are suited to address the needs of commercial owners, landlors, and tenants, including lease drafting & negotiation, build-out provisions, purchase & sale transactions, listing agreements, construction and contractor disputes, and more.

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If you are seeking legal counsel regarding a real estate related matter in California, please provide us with the following information.









Practice <span>Areas</span>

Practice Areas

Bankruptcy Law – Creditor Side

Bankruptcy Law – Creditor Side

Law Offices of Peter N. Brewer’s bankruptcy practice includes representation of creditors, creditors’ committees, and trustees in aspects in insolvency and bankruptcy laws and procedures.

Commercial Property Law

Commercial Property Law

Premises are very often the major asset for a business. Commercial property law can present difficulties whether you own or rent premises and there can be additional legal liabilities and potential costs that you may not be aware of.

Construction Law

Construction Law

Law Offices of Peter N. Brewer has experience representing both public and private clients, the group offers advice, negotiating, document drafting, and dispute resolution and litigation on matters related to all phases of construction.

Landlord & Tenant Law

Landlord & Tenant Law

At the firm, we assist landlords and tenants from the beginning to end, whether it be negotiation of the lease, to an audit, payment dispute, leasing dispute, or eviction (unlawful detainer).

Mortgage Lending Law

Mortgage Lending Law

At the “Law Offices of Peter N. Brewer” we recognize your concerns and have options to help you avoid mortgage foreclosure. Our attorneys have a strong background in the banking industry…

Real Estate Law

Real Estate Law

The Brewer Firm has its roots firmly planted in real estate! We are, at our core, a real estate law firm. All our attorneys are also licensed as real estate brokers, so we know the law and the business of real estate.

Homeowners Association (HOA) Law

Homeowners Association (HOA) Law

Law Offices of Peter N. Brewer represent individual homeowners and HOA in CC&R’s disputes.

Boundary, Fence, & Tree Disputes

Boundary, Fence, & Tree Disputes

Our firm has extensive experience handling a wide range of boundary disputes — including issues surrounding trees, fences, property lines, driveways, streams, and more.

Partition Actions

Partition Actions

Deposit Disputes

Deposit Disputes

Easements

Easements

Non-Disclosure Disputes

Non-Disclosure Disputes

Contracts & Transactions

Contracts & Transactions

Agent Representation

Agent Representation

Investment Recovery & Collections

Investment Recovery & Collections

The Firm’s Collection Practice Group assists clients in satisfying judgments and debts owed to them. Our firm employs proven strategies to collect from judgment debtors depending on the particular circumstances and assets of the debtor.

Foreclosure Litigation

Foreclosure Litigation

Our firm’s Foreclosure Litigation practice represents institutional and private money lenders with foreclosure proceedings, including pre-bankruptcy workouts and motions for relief from automatic stay.

Investment & Title Issues

Investment & Title Issues

Our attorneys have significant experience handling all aspects of real estate investment issues and resolving title encumbrances, such as mechanic’s liens and easements.

Unlawful Detainers & Evictions

Unlawful Detainers & Evictions

Our law firm is equipped to handle all stages of commercial and residential unlawful detainers and evictions.

Our Publications

simon-nov16-dualfiduciary

California Supreme Court Confirms Expansive Application of Fiduciary Duties for Dual Agents

Channel KGO.810 Brian Copeland

Simon Offord on the Brian Copeland Show: Real Estate Feature

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PRDS vs. CAR Purchase Contract Comparison Tool

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Commercial Listing Agreements

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2015 Annual Review

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Repair & Deduct Remedy

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Liquidated Damages Clauses in Real Estate Purchase & Sale Transactions

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Invest in the Relationship to Win Work: Review of Silicon Valley In-House Counsel Summit

Creditors Victory in Collection

Creditor Victory in Collection Against California Guarantor

BANKRUPTCY Fighting a Cramdown

BANKRUPTCY: Fighting a Cramdown

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Taking Back A Property With a Nuisance – Now What?

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Help With a Loan Modification – Go to Jail

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Bankruptcy Courts Enforce “Produce the Note” Defenses by Borrowers

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In State Court with a Federal Savings Association? Sometimes you can say “adios” to HOLA

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Short Sales: Buyer’s Bonanza or Boondoggle?

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Can A Lis Penden Be Recorded On A Dominant Tenement In An Easement Dispute?

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Lost Your Promissory Note?

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If I Lose My Home In Foreclosure Am I Still Liable For The Debt?

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Lien Priorities and Subordination Agreements

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How Much Wood Would A Woodchuck Chuck If A Woodchuck Repeatedly Filed For Bankruptcy Protection: The Automatic Stay In Repeat Bankruptcy Filings (Part One)

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The Distressed Property Owners Have Filed for Bankruptcy – What Does That Mean To the Pre-Foreclosure Investor?

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Past Litigation is a Material Fact that Sellers are Obligated to Disclose

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The Property Has a Judgment Lien – What Does That Mean To the Pre-Foreclosure Investor?

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Commission Splits, Kickbacks, and Referral Fees

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Is A Personal Guarantee Enforceable for a Deficiency After A Trustee’s Sale?

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Seller Carryback Financing and Anti-deficiency Laws

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Lis Pendens – What Is It and How Does It Affect Title?

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Commercial Leasing Issues – When a Tenant Files Bankruptcy

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Who’s On First? – Lien Priority in California

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If a seller successfully defends a lawsuit without first seeking mediation, is the seller eligible to recover attorney fees?

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Even After Refinancing a Loan, A Borrower Can Rescind That Loan for TILA Violations

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Relief from Stay Can Be Made Retroactive, Thus Validating Acts Done In Violation of the Stay – But May Still Subject You to Liability to the Debtor for Damages Arising Out of the Violation

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Yield Spread Premiums – Will They Be Considered A Part Of The Total Points and Fees Payable At Closing?

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Lender Whacked For $33M In Punitives

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Mortgage Elimination Scams Sweeping The Nation

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The Broker Arranged Loan Exemption From Usury Comes Under Attack

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“Operation Of Law” Postponements Under C.C. § 2924g

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The Newest Insurance Crisis – Will You Be The Next Victim

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Fence and Boundary Line Disputes – The Legal Sausage

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Competing Ownership Interests – Distressed Properties

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Landlord-Tenant Law: Legislation Affecting Real Estate as of 2003

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Home Buyers Are Now Required To Be Tax Police under Revenue & Taxation Code Section 18662

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Defective foreclosure sales in California – What Are Your Rights?

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If your household worker or contractor is injured, will you be liable?


Recognition <span>from Our Many Satisfied Clients</span>

Recognition from Our Many Satisfied Clients

Peter Brewer helped my husband and me collect on a 7-figure judgement awarded to us after a long, exceptionally contentious law suit. Pitted against powerful people with deep pockets and the firm belief they could worm their way out of paying us the full amount, Peter — with his comprehensive knowledge of both the legalities and the strategies of collecting, and with his uncanny ability to see through all the attempted shenanigans, however subtle, and bluntly confronting them — succeeded in getting us the full award. We can’t thank him and his staff enough for all they did for us.

– Ida L.

This is to say how much we appreciate the excellent representation you have given us over the years. You have a special talent for keeping matters in perspective, keeping the goal in focus, and charting the most direct course to the solution. You consistently achieve results equal to or better than [the mega firms] we formerly used, but at a substantially lower cost. I am also gratified by the consistently good feedback we get from our customers that you have assisted. It is reassuring to know, when we refer our valued customers to you, that they will receive conscientious, professional assistance with their legal issues.

– Andrew OldhamGeneral Counsel, All Cal Title Co., Campbell, CA

Thank you [Simon] for handling this case for me. You did a great job and I appreciate your efforts. I have a lot of respect for you, Julia, and for all of the staff at the Brewer law firm.

– Stan S.

I just wanted to thank you for all your help. It’s not often I pay a bill as deserved as this one, especially when it comes to legal matters. This whole problem has caused us an unbelievable amount of aggravation and loss of sleep. After going through all the lawyers we have on this issue, I had really begun to lose hope.

– Lee SmithArchitect, West Chester, PA

I received the invoice you sent us showing our account paid in full. A word of thanks can hardly say how much your kindness meant today. With all the challenges that life has given us we have been blessed with honest people like you in our lives. We are overwhelmed with gratitude. Thank you [Peter] for all your help and generosity. We wish you many blessings.

– Polly and John

I am very glad to have had you acting as our broker and attorney. You kept the transaction [purchase of an office building] on track even though there were numerous opportunities for it to derail; you spared me considerable anguish and kept me well-informed in a timely and professional manner. I was very comforted by the knowledge that this extremely important deal was in the hands of an expert, experienced and knowledgeable. You have my utmost gratitude for making this experience pleasant and stress-free despite my fears and concerns.

– Curt WeilInvestment Advisor, Palo Alto