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In business time is money. Discover time-saving and cost-effective methods of resolving disputes over commercial real estate.
When you are trying to conduct business or complete your construction project the last thing you need is for a dispute to erupt and threaten to grind things to a halt. They represent clients and help resolve disputes through either arbitration or mediation. Choosing alternative dispute resolution as opposed to litigation can save you time and money. Speak to us about your options for resolution in the following matters:Non-Binding Mediation and Binding Arbitration.
Depending on which side of an issue you find yourself on in a commercial real estate dispute, mediation or arbitration may be the best choice. If your contract holds you to binding arbitration and you are the consumer in the business relationship, it’s not going to be to your advantage. But if you are representing a builder, binding arbitration is the way to go. One disadvantage of binding arbitration is that decisions cannot be appealed and you cannot file lawsuits. Mediation decisions may be appealed.
Resolving Issues So You Can Focus on Business
In alternative dispute resolution, both parties agree upon an arbitrator, mediator or panel. Our attorneys bring all parties together in a conference room. Opening statements are made and each party’s position on the disputed matter is made clear. We also address non-essential issues at this time.
Then, both sides break into different rooms to discuss sticking points and those that may be compromised until a resolution occurs.
In mediation if no resolution occurs litigation is the next step. We are happy to represent you if this happens to be the case. In arbitration arguments are made before an arbitrator or panel in much the same way a trial is conducted. The decision of the arbitrator is final. A decision in arbitration may take up to a week to occur.
To schedule an appointment with a commercial real estate lawyer.
Commercial real estate dealings involve various details and among these feature many legal details as well. Many have this erroneous belief that hiring a real estate agent/broker would be enough for the job. An agent can only help you locate a suitable property, contact the buyer/seller and work out the terms and conditions and has no legal advice to offer to his/her client.
If you are interested in such a deal, it is better to talk to a legal professional well in advance. Only a proficient real estate attorney would be able to advice you correctly about this kind of dealings. They are aware of the pitfalls these deals are prone to and thus could help you avoid those from happening.
The deal is sure going to involve a lot of paperwork. Understanding what each of these say is time consuming. Moreover, in most cases the legal jargon used in these documents is quite incomprehensible. Your attorney would be able to help you obtain a clear idea about what these say. They would also be able to draft and review any documents necessary for the deal.
In most cases, a real estate agent only gets a commission after the completion of a sale. This is why they are inclined to push the deal. This is not the case with a real estate attorney. He/she is there to offer legal advice and counsel.
Therefore, he would help you understand the pros and cons of the deal from a neutral perspective.
You are sure to appoint an attorney if you face legal hassles; isn’t it a good idea to do the same before? After all, prevention is always better than cure. A lawsuit would waste your time and money. However, if you hire a competent attorney there would be no such hassle later.
Published: May 11, 2009
It isn’t clear if Wynonna Judd was singing about commercial real estate in her hit “Rock Bottom” from a few years back.
But the lyrics “rock bottom is good solid ground” most certainly applies to the industry to day.
The economy seems to be bumping along at what many are calling the bottom, where the lack of more negative news is good news, and a few bright notes give hope there is light at the end of the tunnel.
Consumer confidence rebounded in April to where it was in September, and the pace of job losses has abated somewhat. Positive news has also helped propel the stock market over the last eight weeks, and the S&P 500 is up nicely since its March 9 low.
In the commercial real estate world, however, consumer confidence and the stock market surge don’t translate to transactions and development.
In fact, it feels more analogous to going outside after a heavy downpour where the river has flooded and everyone is trying to figure out how high the crest will be.
So while the leading indicators say perhaps it is time to come out of our bunkers, those who watch commercial real estate, as a lagging indicator, are trying to measure how high vacancies and cap rates are going to go.
This downturn has been somewhat indiscriminate, causing job losses across a broad swath of the economy. Employment is still negative in some 90 percent of the nation’s top markets.
A powerful tool available to California landlords is the expedited unlawful detainer eviction process (commonly referred to as a “UD”). Unlike other civil actions, which frequently take a year from filing until trial, a UD often takes less than 30 days from filing to trial. However, this quick timeframe assumes that both the landlord and its counsel follow all of the UD procedures to the letter. Below is a short summary of those procedures.
In general, a landlord can file a UD complaint in California Superior Court against a tenant in possession of premises whose lease has terminated, either by its terms or by proper notice to the tenant. Unlike most other state court actions in which a defendant has 30 days to respond, a tenant only has 5 days to respond to a UD complaint. If the tenant fails to respond, the landlord can immediately file a request for entry of default judgment, which the clerk will commonly issue within a week. If the tenant answers the UD complaint, the landlord is entitled (upon written request) to a trial date within 20 days. You can also hire a serviceNow event Correlation expert for plugin tools ( more here https://www.evanios.com/servicenow-event-correlation-plugin-tools/ ) to move this.
At a UD trial, the judge or jury hears evidence from both sides (just like in any other civil trial), and determines if the landlord is entitled to possession. If so, the court will issue a judgment in favor of the landlord for possession of the premises, for any rent due, for reasonable attorneys fees (if such fees are recoverable under the parties’ lease/agreement), and prejudgment interest and court costs.
After receiving a judgment, the landlord next needs to obtain a writ of possession from the clerk of the court, which can take one to two weeks to issue. The writ is the document that is filed with the local sheriffs’ department, and which formally directs the sheriff to return possession of the premises to the landlord. Within approximately a week of receipt, the sheriff will serve the tenant with a 5-day notice to vacate the premises. If the tenant remains in the premises past that 5-day period, the sheriff will then schedule an eviction as soon as possible thereafter (usually within a week) at which a deputy will remove the tenant from the premises so that the landlord can immediately change the locks and prevent the tenant from re-entering.
Adding all of these steps together, an unopposed UD – from filing to eviction – can be completed in just over a month, and a disputed UD can be completed in less than two months. However, these timeframes assume all filings are properly completed, promptly filed with the court, and acted on by clerks and the sheriffs’ office timely. In addition, a savvy tenant can delay a UD through a variety of procedures, including demurring or moving to strike a UD complaint, seeking continuances from the court, and filing for bankruptcy. In some cases, UD actions can last 6 months or more if a tenant employs all available delay tactics.
Fortunately, competent counsel with experience handling UD actions can quickly and effectively respond to most tenant delay tactics, and the majority of UD judges will require actions to proceed promptly. However, counsel unfamiliar with the rules and procedures associated with UD court can find themselves and their clients extremely frustrated by unexpected delays, procedures, or requirements. Therefore, when dealing with a tenant default it is good practice to seek the assistance of an experienced UD attorney. Such an attorney like http://thejodykriss.com/ can make sure that all notices, filings, and procedures are handled correctly, thereby minimizing costs and delays, and helping ensure … Continue reading