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High Value Residential Real Estate

The Hopkins & Carley Real Estate Team handles high value residential real estate projects for owners, developers, contractors, and brokers. Sophisticated and often highly-charged legal issues frequently arise in connection with high value residential real estate transactions or construction projects. We possess broad experience and expertise in all aspects of high value residential real estate.

Purchase and Sale, Options, and Co-Tenancy

We create, advise, review, and negotiate both simple and complex real estate purchase and sales agreements, option agreements, and co-tenancy agreements. Whether you are a buyer or seller, we can assist you throughout the entire process from contract to escrow to closing. We will handle any issue that comes up in a prompt and result oriented fashion.

Land Use Development, Entitlements, and CEQA

Our land use group provides advice, advocacy, and litigation services with regard to property rights, entitlements, CEQA compliance, redevelopment law, analysis and application of all local government law.

We aggressively advocate for our clients through the planning and permit process, including public hearings, administrative proceedings, and court cases. Our land use group specializes in obtaining entitlements, including general plan amendments, zoning, subdivision maps, development agreements, use permits, and redevelopment agreements, as well as protecting rights in real property. In conjunction with environmental consultants and planning departments, we work to develop defensible environmental documents. We regularly appear before local agencies and defend against challenges to projects from neighborhood groups, labor, and competitors.

Tax Deferred Exchanges, Property Taxes, and Exemptions

We have extensive experience in structuring transactions containing tax issues from the simple to the most complicated, tax-driven real estate transaction, including tax-deferred exchanges. We also have developed a well-regarded and successful practice handling real property tax disputes, including Proposition 13 issues, valuations, and exemptions to reassessment of real property taxes.

Real Estate Finance and Loan Documentation

We represent a number of developers, lenders, banks, and creditors in structuring, negotiating, documenting and, where necessary, litigating all types of real estate loans, including acquisition, development, construction, and mini-permanent and permanent loans.

Construction Documents

We enjoy a well-earned reputation for our broad experience and skill in all aspects of construction law, including a specialized practice in high value residential construction. Our experience allows us to step in and craft a customized contract for construction, or quickly assess even the most difficult problem situation to determine the best path forward to resolve claims and keep the project moving. We have worked on dozens of estate projects in Napa, Sonoma, San Francisco, San Mateo, Santa Clara, Santa Cruz, and Monterey Counties. We know most of the preeminent architects, designers, contractors, consultants, and craftsmen in the field, and are well versed in the wide range of issues that often arise during the construction of a fine home.

Client Successes

  • An owner hired us after discovering an easement that would have prevented development of a portion of his property in Woodside. We evaluated the chain of title, located all potential claimants to the easement, and filed a quiet title action. Several parties tried to block us, but the court ruled in our favor, which allowed our client to complete his development.
     
  • The owners discovered significant defects in the construction of their new, 11,000 square foot estate in Pebble Beach, along with a host of contractual issues over payment and delays. After our hard-fought litigation, we obtained a multi-million dollar settlement, which allowed for the complete repair and completion of the project.
     
  • Our owner clients hired a contractor to build their dream home, but the construction did not live up to the contractor’s promises. The homeowners noticed significant problems shortly after completion, and came to us for help. We retained consultants to evaluate the as-built conditions and filed suit when the contractor refused to cooperate. Our team exposed and documented the defective work, developed a scope and cost of necessary repairs, and presented a solid and compelling claim against the contractor in mediation. The case soon thereafter settled for the full amount of the claim.
We are typically involved in several defect cases at a time, on behalf of owners in and around Northern California, from Pacific Heights to Atherton to Pebble Beach. Each project is unique, yet each project shares common characteristics: very expensive budgets, very high owner expectations, emotionally charged relationships between the owner and the contractor and/or the architect, millions of dollars in dispute, a limited number of qualified professionals who can properly deal with the project, and the construction issues themselves. We have a successful practice in this area because we know the issues, the players, the process and the economics. We get results.
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