Luxury Home Group
Whether you are buying, selling, financing, remodeling, building, designing, leasing – or involved in a dispute – no other real estate matter is quite as important as the one that involves your home, or the home of your client. The lawyers at Jeffer Mangels Butler & Mitchell LLP (JMBM) have the experience and skill to advise, support and protect your rights, every step of the way. We help get the job done quickly, correctly and within budget.
Numerous legal issues can affect residential real estate, and the lawyers of JMBM's Luxury Home Group can assist with any issue – whether or not the issue is apparent at the outset and whether we are counsel to the buyer, seller, landlord, tenant, borrower, lender, architect, contractor or otherwise. While your JMBM lawyer will be your one point of contact on all matters, the Group's outstanding attorneys have deep experience in all relevant areas of the law, and are available to quickly and effectively respond to your needs, no matter where in the world the client or residence is located.
Because we have been active participants in the business and legal community for decades, we are able to call on other professionals to assist when needed. Again, your JMBM lawyer will handle all communication with these service providers, and keep you well informed.
Our extensive expertise includes the following areas:
ACQUISITIONS & DISPOSITIONS
From the beginning, we are here to help. We can assist with negotiating and drafting broker listing agreements, purchase and sale agreements (including advising you on the tax consequences of different acquisition or sale structures) and escrow instructions. We can supervise and review reports (for example, title, survey, environmental, or geological reports), and we also handle disputes regarding the parties' commitments and more. Our international reach (through our participation in the global organization Interlaw), allows us to assist clients from – or in – virtually any country. Many of our lawyers are multilingual and understand the numerous and disparate cultural practices.
Similar to our work for clients who are buying and selling residential real estate, we assist landlords and tenants with negotiating lease listing agreements, drafting those lease agreements, assisting with the resolution of disputes, and other matters.
LAND USE, ZONING & ENVIRONMENTAL
For buyers and sellers during the pre-purchase period, and for building and remodeling projects, it is important to know what uses – including current uses – are actually allowed under the law, under title restrictions and under possible homeowners associations' rules. We assist in confirming that existing structures (including walls and boundaries) conform to laws, ordinances and CC&Rs, analyzing what can and cannot be built on the property, and where it can be placed. We also represent parties with regard to neighbor and governmental disputes pertaining to land use and zoning issues. Though less frequent with residential real estate, environmental issues also can be present with residential properties and the Group's lawyers are experts in these matters as well.
CONSTRUCTION & DESIGN PROFESSIONAL CONTRACTS
Hiring a contractor, an architect, engineer, or other design professional, or a construction manager involves a unique perspective and expertise, and our Group's lawyers have represented many clients in such transactions. The careful review, negotiation and drafting of contracts can vastly reduce the risk of major time or cost overruns and reduce the risk of disputes as to the quality of the work, ownership of plans and specifications, and claims such as mechanics' liens.
CONSTRUCTION DEFECTS & GENERAL DISPUTES
Most projects go smoothly, but occasionally mediation, arbitration and litigation can be required. We can represent plaintiffs or defendants who are the buyer or seller, or the landlord or the tenant, in such matters.
There are a variety of reasons why people may need an entity (a limited liability company, a trust, or other structure) for the acquisition or leasing of a property – limiting liability, preserving the anonymity of the owner, tax planning and so forth. We can assist with the corporate and tax issues related to such formations, including the unique issues relevant to international clients.
Many property owners utilize a loan for the acquisition or remodeling of their properties. We can assist with the negotiation and documentation of the agreements with lenders (whether financial institutions or private parties). We can represent either the lender or the borrower at the outset, and can represent either party if there is a dispute. In addition to representing the borrower, we also have the expertise to represent lenders in real estate deals if you find yourself considering making such an investment.
The acquisition and disposition of residential real property – which often involves parties from multiple taxing jurisdictions – may give rise to significant property, income, transfer, withholding or other tax liabilities. We can help you to navigate the complex reporting rules and to structure your transaction in a manner which minimizes the resulting tax liabilities.
All property owners, landlords, and tenants have the need for various types of insurance. Whether it involves property & casualty insurance, "umbrella" (excess limits) coverage, homeowner's coverage, landlord’s insurance, title insurance, or otherwise, we can assist the insured by reviewing the proposed coverage and coordinating recommended enhancements.
LABOR & EMPLOYMENT
Whether the household employs one person or dozens, there are numerous issues which should be addressed, such as background checks, salary versus hourly pay, employees versus independent contractors, non disclosure agreements, at-will employment agreements and more. Our Group’s attorneys have decades of experience in counseling clients in this important but sensitive area of the law and can even advise on certain issues regarding workers' compensation insurance.
If you – or your clients – are owners, buyers, sellers, lessors, lessees, developers, remodelers, contractors, architects, borrowers, lenders or other participants in luxury home matters, we can help. The commitment to comprehensive and exemplary client service is at the heart of the JMBM Luxury Home Group and underscores our holistic approach to assisting you with every facet of residential real estate.
Please call on us to discuss your needs and how we can help you accomplish your goals.