Real Estate

Highly experienced, with specialized practice areas touching all facets of real estate.

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Real estate and development matters utilize the expertise of many of the practice groups at de la Peña & Holiday. We have a very successful track record in those specialized practice areas that touch all aspects of real estate, development, construction and property management. We help property managers, brokers, companies and individuals with their real estate development, sales and leasing matters, as well as with their financing, investment acquisitions and dispositions. Our team is well-versed in transaction dealing with Section 1031 exchanges. We represent buyers and sellers and have a successful history with structuring complex transactions.

Construction Defect Litigation

Our Litigation Practice Group has prevailed for our clients with many victories in jury trials as well as through arbitration and mediation. Each of our lawyers has extensive personal experience representing owners, contractors, developers, builders and their insurance companies in this complex and dynamic area of the law.

Complex Real Estate Litigation

Real estate litigation can involve some of the most complex cases in the field of law. No matter the complexity, de la Peña & Holiday attorneys have prosecuted and defended cases relating to every field of real estate, including purchase and sale transactions, title insurance and escrow problems, real estate broker defense, broker commission disputes, seller and/or broker misrepresentation, commercial and residential construction disputes, boundary disputes, mechanics’ lien claims, unlawful detainer/eviction, rent control disputes, tenancy in common disputes, homeowner association disputes and interpretation of real estate contracts.

Arbitration and Mediation

Going to trial is always a course of last resort. Our real estate litigators counsel clients to avoid litigation and represent clients in alternative forms of dispute resolution such as mediation and arbitration whenever possible. We work closely with expert consultants to identify and isolate issues giving rise to disputes and to determine early avenues for settlement. Our real estate litigators have been able to successfully resolve even highly complex construction defect cases centering on structural, electrical or engineering flaws, roofing and framing defects, soil, foundation and grading problems through mediation and arbitration.

Real Estate Development And Partnerships

Whether as limited partnerships, corporations or limited liability companies (LLCs), successful development and ownership of real estate involves the careful assessment of tax issues when entities are formed. de la Peña & Holiday’s Development and Partnership Group works closely with clients and their CPAs to ensure that the clients’ investments are optimized, both in terms of liability and tax matters. We counsel clients to pay attention to the rights and obligations of partners to each other. These matters include buy-out provisions, restrictions on transfer, and capital account issues. We also work closely with our developer clients to secure financing packages of almost any size.

Landloard/Tenant

The de la Peña & Holiday Real Estate Group assists clients with negotiation of commercial, industrial and residential leases. Whether landlord or tenant, we provide business counseling to our clients as to the marketplace conditions and the nuances of lease clauses that may have substantial economic impact. When necessary, our team excels in lease disputes, whether through alternative dispute resolution or litigation.

Homeowners’ Associations

de la Peña & Holiday has experienced lawyers who represent condominium homeowners’ associations throughout Northern California. Representation includes the initial setup and structure, counseling the new homeowner boards on operation of the association, and dealing with CC&R violations.