August 2018 Real Estate Law Newsletter


Welcome to the redesigned Brewer Firm Monthly Newsletter! We are excited to bring you the August 2018 edition, redesigned to be consistent with our firm’s recent name and logo change (which you will read more about below, if you haven’t already heard). The last few months have been incredibly busy for everyone at the Brewer Firm, and so we took a pause from our regular newsletter to focus on the redesign project. Now that we have successfully launched our new brand, we are excited to relaunch our popular monthly newsletter and are thrilled to bring you tons of new real estate law information and updates!

One of Peter Brewer’s favorite phrases is that “No one likes change except a baby with a wet diaper”. And he has a point — change is uncomfortable. It is mysterious and chalked full of unknowns. But change is a part of life, and to be successful means being able to embrace and adapt to change. The best way to do that is to be principled and strategic — hold on to the values and principles that are important to you, and approach changing circumstances with a strategic focus. Our firm is no stranger to change; however, through all changes big and small, our firm always keeps a laser focus on our mission in everything we do — “delivering an exceptional client experience while providing outstanding legal services”.

We are excited for the future, and we hope you enjoy reading this month’s real estate law newsletter!

Highlights in this month’s issue:

—Learn about our transition from the Law Offices of Peter N. Brewer to Brewer Offord & Pedersen LLP

—Check out our firm’s recent community involvement efforts, including speaking engagements, golf tournament sponsorships, and television appearances

—Meet the newest attorney to join the Brewer Firm team, Lorena Roel!

—Read recent blog articles written by our attorneys, covering important topics such as: evicting tenants, selling a property with a tenant inside, enforcing the liquidated damages clause, and cancelling a purchase contract

—Catch up on many updates from the firm, including presentations, trips, birthdays, anniversaries, leadership appointments, and so much more

We hope you enjoy reading the August 2018 edition of our newsletter!




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Earlier this month, our firm announced that we are transitioning into a new partnership – moving from the Law Offices of Peter N. Brewer to Brewer Offord & Pedersen LLP.

This change is the final result of a year of strategic planning, designing, and testing. As Peter Brewer begins to approach retirement, it was important to lay the foundation for a sustainable succession plan. The new partnership has been formed by motivated attorneys who have been with the firm for years and who are enthusiastic about the success and future of the firm.

Besides a new logo, a new name, and small tweaks in titles and roles, there are virtually no changes to our firm, our mission, or our pursuit of excellence for our clients. We are very excited for the next chapter in our firm’s story!

You can read more about the transition — including a brief history of our firm and a comprehensive set of answers to frequently asked questions — by clicking the “Read More” button below.

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Santa Clara Realtor Foundation Golf Tournament



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On June 11th, our firm was proud to be a sponsor of the 65th Annual Santa Clara County Realtors Foundation Golf Tournament, held at the beautiful Boulder Ridge Golf Course in San Jose. The tournament raised funds to benefit the Foundation, which provides grants to organizations committed to making Santa Clara County a better place to live. Our firm offered grab-and-go lunch boxes, complete with drinks, chips, fruit, and an ice pack to keep all 144 golfers cool!



San Mateo County REALTORS® Association



On June 19th, attorney Ashlee D. Gonzales gave a presentation about liquidated damages to the San Mateo County Association of REALTORS® (SAMCAR). The presentation was broadcasted live on Facebook.

You can watch a recording of the presentation by clicking the image!


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CreaTV 25-City Public Access Television



On August 15th, attorneys Adam L. Pedersen and Ashlee D. Gonzales were interviewed by Pat Kapowich for the Kapowich on Real Estate television show. The show is recorded by CreaTV in San Jose, which broadcasts public access TV channels to 25 different cities in the Silicon Valley area. The cohort discussed important real estate law considerations for buying and selling residential properties occupied by tenants.



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Welcome Our Newest Attorney: Lorena Roel!



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Our firm is thrilled to welcome the newest member to our team – attorney Lorena Roel! Lorena brings three years of experience practicing as an estate planning and real estate attorney. We are excited to have her join our team, and look forward to sharing more about her in the coming months!





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Below you’ll find recent blog articles about topics related to real estate law in California. Click the images or the buttons below to read valuable information about enforcing liquidated damages, evicting tenants, selling a home with a tenant inside, and ensuring that you are actually “out of contract”.



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Selling Your Home with a Tenant Inside

Rental properties are a common method for Californians to earn passive income, and often landlords enter into leases that extend up to and beyond a year. Circumstances change, however, and sometimes owners want to sell the property despite the fact that a tenant may still be occupying the unit. Attorney Ashlee D. Gonzales offers some practical tips for selling a property that is still occupied by a tenant in her most recent blog article.

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Liquidated Damages & Buyer’s Refusal to Close Escrow

In the hyper-competitive Silicon Valley real estate market, buyers will often submit offers containing little to no contingency protection. Inevitably, some buyers will change their minds and want to back out before the close of escrow. If the parties initialed the liquidated damages provision, many agents would say the deposit does not have to be returned. However, that’s not always true. Simon Offord discusses this often misunderstood provision in his article.

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Out of Contract? Not So Fast…

Real estate transactions in the Bay Area involve several steps. When a portion of the contract process falls through, some agents will advise their clients that they are “out of contract”. However, that nomenclature is very misleading, and isn’t legally correct. Attorney Adam L. Pedersen explains what it means to have a valid, enforceable contract — and how being “out of contract” doesn’t necessarily mean you’re “out of danger” — in his most recent blog article.

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5 Things to Remember When Evicting Tenants

Evictions are just part of being a landlord in California. Unfortunately, not all tenants are perfect, and disagreements and misunderstandings happen sometimes. However, California has very tenant-friendly laws when it comes to evictions, so it is critical to make sure evictions are done correctly. Attorney Lorena Roel offers 5 things to remember when evicting a tenant in her most recent blog article.

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Brewer Firm News
  • Congratulations to our bookkeeeper Diane Hardy who passed her California Real Estate Broker’s exam on April 5th and is now a licensed real estate broker!
  • Director of Marketing Clayton Dodds attended the 2018 Legal Marketing Association Annual Conference in New Orleans, Louisiana on April 9 – 11th
  • Attorney Simon Offord presented a seminar for the Santa Clara County Association of REALTORS® (SCCAOR) regarding Liquidated Damages, Arbitration and Mediation in the CAR Purchase Contract on April 10th
  • Office Manager Jessica Urioste enjoyed a well-deserved vacation to New Zealand from March 26th – April 10th, where she went skydiving, wine tasting, and bike riding
  • Attorney Simon Offord assisted in the negotiation of several leases, subleases, extensions and terminations of leases for commercial property in Palo Alto, Menlo Park, Foster City and Santa Clara
  • On Saturday, April 14th, office manager Jessica Urioste was installed as the Vice President of Membership for the Santa Clara County Association of Legal Professionals (SCCoLPA)
  • Attorney Simon Offord settled a complicated matter involving an improperly recorded Deed of Trust by a lender that had since filed for bankruptcy and been dissolved
  • On April 20th, attorneys Peter N. Brewer, Charlie Bronitsky, and Ashlee D. Gonzales spoke to the Silicon Valley Association of REALTORS® (SILVAR) about cell tower laws and real estate legal considerations for the legalization of recreational marijuana
  • Director of Marketing Clayton Dodds enjoyed a trip to Oklahoma to see family on May 2nd – 7th
  • Attorney Peter N. Brewer and Director of Marketing Clayton Dodds traveled to Los Angeles to attend the quarterly Board Meeting of the Law Practice Management & Technology Section of the California Lawyers Association on May 11th
  • On May 16th, Clayton Dodds presented the 6th Annual LMA Silicon Valley In-House Counsel Summit, featuring attorneys and in-house counsel from Fenwick & West, Intuit, Yahoo!, WhatsApp, and NetApp
  • On May 21st, Director of Marketing Clayton Dodds presented a webinar for the Law Practice Management & Technology section of the California Lawyers Association (formerly part of the State Bar of California) about identifying and protecting against spoofs, hacks, and cyber-attacks targeting law firms
  • On May 22nd, attorneys Ashlee D. Gonzales and Adam L. Pedersen presented a panel discussion about real estate fraud in Santa Clara County, for the Palo Alto Area Bar Association
  • On June 5th, attorney Adam L. Pedersen gave a presentation to the San Mateo Escrow Association about the duties of escrow offices to principals and third parties
  • On June 12th, attorney Ashlee D. Gonzales spoke to the Santa Clara County Legal Professionals Association (SCCoLPA) about cannabis in real estate law
  • On June 26th, attorney Ashlee D. Gonzales gave a presentation at the Santa Clara County Association of REALTORS® (SCCAOR) Evergreen Tour meeting
  • Peter Brewer enjoyed a cruise through Alaska June 23rd – 30th
  • Attorney Charlie Bronitsky enjoyed a trip to New York City from July 5th – 9th
  • Clayton Dodds traveled to Chicago and Michigan to see family June 29th – July 4th
  • Peter Brewer and his wonderful wife Laura Brewer celebrated their 33rd wedding anniversary on July 14th
  • Ashlee D. Gonzales celebrated her birthday on July 3rd
  • Attorney Adam Pedersen traveled to a law firm rainmaker retreat in Los Angeles from July 19th – 21st
  • Simon Offord enjoyed a trip through New England July 20th – 27th
  • Bookkeeper Diane Hardy celebrated her birthday on August 10th, and Clayton Dodds celebrated his birthday the next day on August 11th
  • Simon Offord enjoyed a family trip to the United Kingdom from August 3rd – 12t