Technology transfer & e-commerce near San Jose

Commercial Real Estate Attorneys

At Strategy Law, LLP our attorneys have real world experience with real estate investing, including purchases, sales, Section 1031 exchanges, real estate financing, tenant in common agreements and leasing. With personal experience in hand, our real estate attorneys bring a wealth of knowledge and experience to every case, with a focus on commercial real estate, including shopping centers, single tenant triple net properties, office and industrial properties, as well as multi-family residential units. We work as a team with real estate brokers to get the best deal for our clients and protect our real estate investors, landlords and tenants from potential liabilities.  

One of our partners, Tamara Pow, is also a licensed real estate broker (license number 01860035). Our real estate attorneys have represented clients in real estate deals throughout Northern and Southern California, including deals in San Jose, South San Francisco, San Francisco, Mountain View, Sunnyvale, Cupertino, Fremont, Saratoga, Los Gatos, Los Altos Hills, Los Altos, Morgan Hills, Gilroy, Ventura, Los Angeles, Oceanside, and the San Fernando Valley, as well as in Washington, Nevada, Tennessee, Colorado, Texas and Arizona (with local co-counsel).

Our real estate lawyers ensure smooth and secure transactions for buyers and sellers alike, from negotiating contracts, conducting title reviews, draft and reviewing lease agreements, and negotiating agreements for shared ownership of real estate properties. Our lawyers understand Section 1031 exchanges and will work with your qualified intermediary and title companies to protect you from the legal risks of the sale of your relinquished property and the purchase of your replacement property. 

Our real estate attorneys take pride in looking at the big picture to find practical solutions in a cost-effective manner. We use strategy to assist with structuring transactions, forming real estate partnerships and LLCs to enhance  liability protection, and maximize tax advantages for our clients. .

Working with a real estate lawyer can help avoid problems and pitfalls that could cost you time and money in the future. Whether you’re buying, selling, leasing, or financing real estate, we have the expertise to guide you through every step of the process. Don’t navigate the complexities of real estate transactions alone.

For more information and to make an appointment, please call us at (408) 478-4100.

Frequently Asked Questions

What does a real estate attorney do in a purchase or sale?

We can assist with all stages of a real estate transaction, including:

  • Preparing or reviewing letters of intent
  • Drafting and reviewing purchase and sale agreements
  • Negotiating deal terms
  • Reviewing title reports, exceptions, and coordinating issuance of title policies
  • Advising on due diligence and contingencies
  • Reviewing and negotiating financing documents and issue opinion letters
  • Form entities and prepare entity documents
  • Coordinating with escrow and title companies and closing logistics
  • Preparing and recording deeds and related closing documents, including, but not limited to, any assignments of contracts and leases and Bill of Sale (if personal property is involved).
  • Addressing disputes or legal risk prior to closing

Having legal counsel early can help prevent costly issues later in the process.

Commercial leases are complex, and many key terms (e.g., rent adjustments, operating expenses, maintenance and repair obligations, assignment/subletting rights, personal guarantees) can significantly impact your rights and costs, so an attorney review can be extremely valuable even if you have a good broker.  Custom and practice differs greatly by property type and geography and having an expert attorney with market knowledge is critical in an appropriate allocation of responsibility, cost, and risk. Although various pre-printed lease forms are often used, there is no such thing as a “standard form” lease and pre-printed lease forms are often deficient in many areas for both landlord and tenant.  We can:

  • Draft or review, revise and negotiate lease agreements.
  • Negotiate protections, remedies, risk allocation, and maintenance responsibilities.
  • Advise on defaults, remedies, or terminations or other material and relevant terms specific to your transaction.
  • Work with your broker to assure your lease is consistent with custom and practice for the property type and location.
  • Interpret lease language in plain English so that you understand what you are committing to do or pay or help mitigate and advise you of the implications of such terms in the lease.

A Section 1031 exchange (also known as a “like-kind exchange”) allows you to defer capital gains tax when selling certain real property and reinvesting the proceeds in other qualifying real property.
Key points:

  • The properties must be held for investment or productive use in a trade or business use, not personal use.
  • You must identify replacement property within 45 days after the closing of your relinquished property and close your replacement property acquisition within 180 days after the closing of your relinquished property.
  • A qualified intermediary must handle the exchange proceeds.

We provide legal guidance throughout the exchange, including coordination with your intermediary and review of relinquished property and replacement property contracts. 

A tenancy-in-common is a form of ownership where two or more people hold undivided interests in the same real property. Each owner can:

  • Own unequal shares
  • Sell or transfer their share independently
  • Bequeath their interest by will or trust

The Internal Revenue Code requirements to maintain TIC treatment are very specific, detailed, and complex. TIC agreements are essential to govern shared responsibilities, usage rights, contributions, exit strategies, and IRC compliance. We draft and review TIC agreements to protect your interests.

A deed is the legal document that transfers ownership of real estate. Common types include:

  • Grant deed (most common in California): transfers title with implied warranties
  • Quitclaim deed: transfers any interest without warranties
  • Trust transfer deed: used for transfers into or out of a trust

The type of deed used can vary by state. We prepare and review deeds to ensure they are legally valid, accurate, and correctly recorded.

A PCOR is a form filed with the county assessor at the time of recording a deed. It:

  • Provides information about the transfer
  • Helps determine if the transfer triggers property tax reassessment
  • Must be submitted to avoid penalties and ensure proper recording

We assist with completing and filing the PCOR when we handle deed recordings.

Form BOE-100-B is a California Change in Ownership Statement required for transfers of interests in legal entities (such as LLCs or corporations) that own real estate. It is submitted to the California State Board of Equalization when:

  • There is a change in control (more than 50% ownership change); or
  • There is a cumulative transfer of interests totaling more than 50%; as applicable.

Failing to timely file this form can result in penalties and property tax reassessment. We advise clients on whether a transaction triggers reporting and assist with preparing the form when needed.

Key items typically include:

  • Reviewing preliminary title reports and CC&Rs and other title encumbrances
  • Evaluating zoning and land use compliance
  • Obtaining environmental and physical inspections
  • Reviewing leases, lease files, service contracts, or HOA documents (if applicable)
  • Verifying rent rolls and income/expense statements (for income properties)

We help you interpret findings and address legal risks before you commit to closing.

Yes. We help clients choose and form appropriate ownership structures, including:

  • Special purpose bankruptcy remote entities
  • Single member and Multiple member LLCs
  • TIC arrangements
  • Joint ventures

Proper structuring helps manage liability, estate planning, financing, and 1031 exchange eligibility.