In both commercial and residential real estate, the majority of transactions involve the purchase and sale of land with improvements. San Jose real estate attorney Mike Hogan provides legal advisory, alternative dispute resolution (mediation/arbitration), and litigation services which involve real estate purchase and sale transactions. Mike is more than an attorney who is keenly focused and knows real estate law, he’s also been a licensed real estate broker for more than 25 years with transactional experience as a residential and commercial real estate broker (Attorney Profile). He has been involved in more than 600 residential real estate transactions including single family homes and apartment buildings. His commercial real estate experience includes transactions in office, warehouse, manufacturing, and R & D properties located throughout the U.S. and internationally (Scotland, Netherlands, England, Ireland, France, Germany, Israel, Korea, Taiwan, and Japan). San Jose real estate lawyer Mike Hogan’s qualifications and experience as both a real estate broker and real estate attorney make him superbly qualified to represent you in any and all issues and disputes regarding all types of real estate purchase and sale transactions.
How Can Real Estate Attorney Mike Hogan Help You?
In Transactions: Structures Transactions, Prepares and Reviews Agreements
The best way to minimize the odds of a future legal issue or dispute is by structuring the transaction properly and then executing it by use of thorough, clearly understandable, transactional agreements. Mike will assist you in structuring your real estate transaction, including preparation of purchase agreements, required disclosures, and other necessary documentation, to ensure a smooth and legally binding transaction. If the paperwork has already been prepared, Mike can review it and advise you of any concerns or changes which should be implemented to protect your legal interests and minimize the chances of a future legal problem. Areas of practice include:
| • Due Diligence Guidance | • 1031 Tax Deferred Exchanges |
| • Listing Agreements | • Purchase Option Agreements |
| • Commission Agreements | • Sale-Leaseback Agreements |
| • Offers Reviewed/Prepared | • Disclosure Documents |
| • Purchase & Sales Agreements | • Homeowners’ Association Documents |
| • For Sale By Owner Assistance | • Other Related Documents |
Ownership Interests:
Structure Ownership Interests, Prepares and Reviews Agreements
Litigation between investors very often arises due to the absence or incompleteness of co-ownership agreements. Harmonious partnerships center around clear, comprehensive and legally binding agreements. San Jose real estate attorney Mike Hogan consults and advises buyers, sellers, investors, and others regarding the best way to structure their ownership interests within a transactional framework. Areas of practice include:
| • Ownership Agreements | • Common Interest Ownership Agreements |
| • Partnership Agreements | • Homeowners’ Association Formation |
| • Dissolution of Partnerships | • Equity Agreements |
| • Co-Ownership Agreements | • Investor Participation Agreements |
| • Partition of Real Property | • Tenancy-In-Common Agreements |
| • Profit-Sharing Agreements | • Buy-Out Agreements |
| • Joint Tenancy Agreements | • Other Related Documents |
When Disputes Arise:
Represents You in Alternative Dispute Resolution or Litigation
The first thing you need to know when confronting a legal dispute is where you stand in relation to the other parties. San Jose real estate lawyer Mike Hogan will give you an honest and realistic evaluation of your rights and responsibilities as well as the associated risks so that you fully understand the legal ramifications of your particular situation, including your chances of success.
Although litigation is always an option, it should be one of last resort as it is often the most expensive path to resolution. Instead, with your consent, Mike first seeks out a negotiated settlement to your dispute through negotiation and, if necessary, use of alternative dispute resolution techniques such as mediation or arbitration which often provide quicker and more cost effective dispute resolution when compared to litigation.
In the event that negotiation and alternative dispute resolution fail, leaving litigation as the only means to resolution, it is critical that it be done with the services of an aggressive attorney, one who will relentlessly represent your interests. San Jose real estate lawyer Mike Hogan will provide you with such representation.
Typical Areas of Dispute involving Purchase & Sale Transactions
San Jose real estate lawyer Mike Hogan can represent you in all areas of real estate law including issues and disputes centered around the purchase or sale of real estate. Areas of practice include:
| • Commission Issues | • Agent/Broker Liability |
| • Listing Agreement Issues | • Unlicensed Agent/Broker Activity |
| • Purchase Contract Issues | • Undisclosed Dual Agency |
| • Purchase Deposit Issues | • License Defense before Department of Real Estate |
| • Trust Account Violations | • Undisclosed Commissions, Fees, Profits |
| • Unwarranted Buyer/Seller Claims | • Negligence by Agent/Broker |
| • Misrepresentation (Fraud) | • Conflict of Interest by Agent/Broker |
| • Misrepresentation of Property Value | • Other Related Issues |
Failure to Disclose/Misrepresentation of Property Condition:
| • Property Defects | • Property Line Disputes |
| • Incorrect Square Footage | • Zoning Law Violations |
| • Unpermitted Construction | • Undisclosed Litigation |
| • Environmental Issues | • Undisclosed Neighbor Disputes |
| • Building Code Violations | • Undisclosed Inspection Reports |