OUR PRACTICE AREAS
Real Estate / Real Property
Real estate law is the name given to the branch of civil law that covers rights to possess, use, and enjoy land and the permanent manmade additions attached to it. This includes the capacity to hold interests in real property, permissible interests in real property, relations between owners, relations between owners and the community, landlord and tenant relations, the transfer of interests in real property, and real property financing, including deeds and mortgages. Real estate transactions, such as purchases, sales, options, leases, subdivisions and other agreements are governed by a wide body of federal and state law, and the requirements established by state law often differ from state to state.
The attorneys at Incline Law Group have been practicing Real Estate Law for over 40 years in Northern Nevada and California communities, including the Lake Tahoe Basin. Our collective Real Estate Law practice includes a wide range of real estate expertise in regards purchase/sale transactions; design and construction contracts; construction litigation; mechanics liens; landlord – tenant issues; land use and regulatory agencies including the Tahoe Regional Planning Agency (TRPA). Our real estate attorneys have extensive experience regarding real property within the Lake Tahoe Basin, which poses special circumstances in terms of land use and other real estate law.
Purchase and Sale
Whether you rent or own, are purchasing or selling, building or tearing down, the attorneys at Incline Law Group can assist in every aspect of your real estate transactions, residential or commercial. Our goal is to uncover and make transparent the information necessary in order to allow you to make informed decisions at every step.
Purchasing residential or commercial real estate in Northern Nevada and California, and specifically within the Lake Tahoe Basin, presents unique issues that require extensive familiarity with the local laws. Thorough due diligence is key to determining that the desired property meets your requirements. It is important to clearly understand your rights and obligations under your purchase contract, both before and after a purchase. The attorneys at Incline Law Group will prepare purchase contracts that are tailored to meet your goals and timelines, gather and review due diligence information, review financing documentation and track your transaction through to closing – helping you to avoid any hidden, or not so hidden, pitfalls. We can also assist you in assembling a team of professionals in various design, environmental and engineering disciplines that you may need to evaluate your chosen property.
If you own investment property it may be possible to defer capital gains tax at the time you sell by utilizing a 1031 exchange. Our attorneys have successfully negotiated exchange requirements and complex deal structures for countless 1031 exchanges on behalf of our clients. We have long-standing relationships with 1031 exchange intermediaries and tax advisors and are will share our knowledge and our referrals to best assist you.
Title Insurance and Recorded Documents Analysis
When purchasing real property, whether residential or commercial, a thorough analysis of the title records is crucial to assessing whether the property will ultimately meet the buyer’s intended use. A thorough assessment of the recorded documents together with the client’s goals is necessary to make proper decisions about title insurance. When boundary line disputes or title issues arise after closing, it is important to have knowledgeable legal counsel to assist you in protecting your property rights. Often, your title insurance policy may cover the defense of title issues. Our attorneys believe that obtaining adequate title insurance, with appropriate additional coverage endorsements, before you close escrow on your purchase can be an invaluable form of insurance down the road. We have the experience to help you to analyze your title insurance needs.
Commercial Development, Finance and Complex Deal Structures
When planning complex commercial real estate deals, it is essential to take all contingencies into consideration at the outset including financing. Our attorneys have several decades of combined experience advising clients on complex commercial real estate and business transactions, and will work to ensure your needs are met in every aspect of your commercial development and financing transactions. In conjunction with your tax advisors, Incline Law Group can also help you assemble the right business entities and transaction structure to maximize your goals.
Leasing – Residential and Commercial
The terms of a lease can affect the core of your business or personal life. It is essential to have knowledgeable legal counsel to establish and protect your legal rights in regards to the property you lease. Too many people sign lease forms without reading or understanding them. When it comes to leases, one size does not fit all and there is usually some need to customize the lease to fit your particular circumstances. Incline Law Group will help you draft, negotiate and edit residential and commercial leases. Our attorneys can also assist you in navigating the wide variety of issues that may arise under your lease, such as eviction, payment of rent, condition of the premises, options to purchase, options to extend, assignment and subleasing, and others. Incline Law Group will make sure your interests are protected in all aspects of your lease.
Construction and Mechanics Liens
A multitude of issues can arise before, during and after construction. Whether these issues sort out in your favor or not often depends on the quality of your construction contract. At Incline Law Group we represent both owners and contractors in the drafting of simple to sophisticated construction contracts. We are proficient in negotiating and modifying AIA™ (American Institute of Architects) form contracts. Our attorneys have represented clients in a wide variety of construction contract disputes and will work to help you resolve yours.
Real Estate Litigation
Our attorneys are licensed in both Nevada and California, and have many years of experience handling a variety of litigation matters in both states. Incline Law Group has litigated and negotiated to favorable conclusion a variety of real property matters, including partitions, real property LLC break-ups, boundary disputes, easement disputes, judicial foreclosure, and other title disputes. Let us apply our experience on your behalf.
Foreclosure – Commercial and Residential
At Incline Law Group, we assist both lenders and borrowers in the foreclosure process. We provide foreclosure services to both private and institutional lenders. Our attorneys keep current on various regulatory changes that affect this field of law in both Nevada and California. Going through a foreclosure is never easy, but it is important to take charge of the process and make the best arrangements possible under the circumstances. Guidance is available from the attorneys at Incline Law Group.
Land Use and Regulatory Agencies
Dealing with land use regulations and regulatory agencies can be difficult and complex, especially inside the Lake Tahoe Basin. You may be subject to fines or penalties for failure to comply with them and for any oversights or inadvertent omissions. Because our attorneys have decades of experience with the Tahoe Basin and lakefront issues, such as lakefront/beachfront property laws and pier/buoy permitting, we are able to design and facilitate a clear approach to help you achieve your real estate goals with the fewest disputes. We can help you facilitate permitting at the Nevada Division of State Lands and the Tahoe Regional Planning Agency (TRPA).
Common Interest Communities and Homeowners’ Associations (CICs/HOAs)
Our attorneys have decades of experience advising and representing common interest communities, including Homeowners’ Associations, and can advise you with your issues.
Our attorneys have drafted and revised the governing documents for many Homeowners’ Associations (HOAs) in Reno and in the Lake Tahoe community; on both sides of the state line. Let Incline Law Group’s collective expertise guide and advise your HOA.
Homeowner’s Association (HOA) Liens
Our attorneys have substantial background handling Homeowners’ Association (HOA) liens and keep up-to-date on the required procedures to collect and enforce HOA liens in Northern Nevada and California. Let us help you collect or resolve these liens for you in a timely fashion.
Homeowners’ Association (HOA) Alternative Dispute Resolution (ADR) Proceedings
Our attorneys have handled a variety of Common Interest Community Alternative Dispute Resolution (ADR) proceedings, and can represent you in your Homeowners’ Association (HOA) ADR proceedings, whether you are the property owner or the HOA.