Month: March 2017

Why Hiring an Attorney is a Smart Idea

Deciding to invest in commercial real estate can be daunting, especially when you are new to the process or start getting in the multi-million dollar ventures. Hiring an experienced broker will help you find investments that meet your criteria such as location, expected returns, and quality of the asset. They may also help you understand key factors in the real estate investment market like, triple-net properties, 1031 exchange, sale leaseback, etc.  Yet, it’s wise to take a few extra steps to protect your investment, and hiring a real estate attorney is right up at the top of the list.  Below we’ve outlined just a few of the most prominent reasons you should spend the extra money to hire an attorney specializing in real estate.

  • Structuring Your Business.  The right attorney will help you structure your business to protect your personal assets.  It’s better to get set up right from the beginning than have to defend yourself later on in a lawsuit.  An experienced attorney will know whether to be an individual owner, LLC or some other business entity for holding strategies and future tax advantages, let alone which business entity will have the right liability protection.
  • Title Issues in Real Estate Purchases.   An experienced attorney can review the title and alert you to any issues that may arise.  Defects and/or encumbrances may get hidden and a good attorney will conduct a thorough review and protect you from any issues that may inhibit your ability to use your investment as planned.
  • Encroachments and Surveys.  Typically, real estate transactions will be accompanied by a survey of the site.  The real estate attorney can check compliance against zoning and usage regulations, and ensure you are free of any encroachments from neighboring parties.  A good attorney will identify any issues and work with the seller to get them resolved ahead of the actual transaction.
  • Review Existing Leases.  This is important, especially in a single tenant net lease property where you have higher risk with just one tenant.  You’ll want the attorney to help you fully understand the allocation of costs to maintain the structure and roof as well as the burden of operating expenses, taxes, etc.  The attorney should also handle the estoppel agreement process which can be tricky and is extremely important as it outlines the process for rent payments and security deposits.

Let’s face it.  There is a lot of legalese that goes right over our heads.  You need an attorney that not only can make sense of all of it, but effortlessly guide you through the process and protect your investment at every turn.  What you should remember is that real estate law is a specialty.  Simply hiring your neighbor’s uncle who is a divorce attorney, may end up costing you money in the long run.  Take the time and spend the money to hire the right attorney.


CalkThanks to our friends and contributors from Calkain for their insight into real estate law and litigation.

Do’s And Don’ts For Pedestrians Who Are Injured In A Motor Vehicle Accident

Pedestrian accidents are on the rise in the United States today. According to the Center For Disease Control or CDC, most pedestrians are hit by vehicles in urban areas at night. While some pedestrian accidents are not serious, others leave accident victims with injuries that will affect them for the rest of their life. The following is an overview of personal injury law and how it relates to pedestrian accidents. If you have been injured by a driver while walking, it may be helpful to speak with an attorney to discuss your legal options.

Do

There are some important steps you can take to increase your chances of obtaining a settlement after a pedestrian accident. Below are some “Do’s” to keep in mind:

  • Do Get The Driver’s Contact Information

If you are physically able to after your accident, request the driver’s contact information. Drivers are legally obligated to stop after being involved in an accident, so this gives you a chance to obtain the name, phone number, driver’s license information, and insurance information. Your options may be limited if the driver did not stop and you are the victim of a hit and run accident.

  • Do Report the Accident

It is important to report the accident to the police after being hit by a vehicle. Report the accident to the police, no matter how minor your injuries may seem at the time. Many injuries will gradually worsen over time. For this reason, it is important to have a record of the accident so you can file a claim for your injuries.

Don’t

There are also things you should not do after being involved in a pedestrian accident. Some of the “Don’ts” include:

  • Don’t Admit Fault

Obtaining compensation in a pedestrian accident hinges on you being able to prove the driver of the vehicle was negligent and caused your injuries. Some cases are easy to prove who was at fault, while others may not be as clear cut. No matter the circumstances surrounding the accident, it is important to never admit fault to anyone at the scene. Doing so may result in your statements being used against you later on in court.

  • Don’t deny yourself Medical Treatment

You must seek medical treatment after being hit by a car. Even if you do not feel you are seriously hurt, it is important to seek treatment and keep copies of your medical records. Many people refuse medical treatment immediately following an accident only to find their pain suddenly increase a day or two later.

If you have been injured by a negligent driver while walking in a public place, contact a personal injury attorney for advice. After a brief consultation, an attorney will offer an opinion on whether or not you have a strong case and possibly how to move forward with it. Hiring an experienced car accident lawyer Phoenix AZ can count on to represent you may help you obtain a fair settlement for the injuries you sustained as a pedestrian from the at-fault driver.


ASThanks to our friends and contributors from Alex & Saavedra, P.C. for their insight into car accident cases.