The Law Office of William Stanger The Law Office of William Stanger 2026-06-09T01:30:28Z https://www.williamstanger.com/feed/atom/ WordPress /wp-content/uploads/sites/1605399/2022/02/cropped-sit-icon-32x32.jpg On Behalf of The Law Office of William Stanger <![CDATA[Due diligence checklist for commercial real estate purchases]]> https://www.williamstanger.com/?p=49979 2026-04-20T19:01:25Z 2026-01-22T15:54:50Z Buying commercial real estate in California is an exciting investment, but it carries significant legal and financial risks. Unlike residential sales, commercial deals often follow a "buyer beware" rule. To protect yourself, you must complete a rigorous review process called due diligence.

The mandatory disclosure and inspection phase

In California, the law requires the seller to provide you with specific information. They must give you a Natural Hazard Disclosure (NHD) statement. This document warns you if the building is in a flood, wildfire or earthquake-prone zone. While the seller provides these records, you must also hire experts to check the building's physical health. This includes the roof, plumbing and HVAC systems. In many California cities, such as Los Angeles and San Francisco, seismic retrofitting is not just a suggestion—it is a legal requirement for certain older buildings. Failing to comply with these local building codes can result in heavy fines.

Environmental and zoning checks

Most lenders will require a Phase I Environmental Site Assessment. This report assesses whether past uses, such as a gas station or a dry cleaner, have contaminated the soil or water. You must also verify the local zoning laws. Every city has its own rules about how you can use a property. You must confirm that the law allows your specific business, whether it is a shop or a warehouse, at that location.

Reviewing finances and legal titles

If there are tenants, you must review every lease. Check the rent amounts and who pays for repairs. You should also look at the Preliminary Title Report. This shows if there are unpaid debts or easements that could limit how you use the land. Most importantly, you must complete these checks within the contingency period set by your contract. If you do not raise concerns before this deadline, you may lose your right to cancel the deal. Working with a real estate attorney can help you track these deadlines and ensure you fully protect yourself before you sign the final papers.]]> On Behalf of The Law Office of William Stanger <![CDATA[When can property owners face environmental cleanup costs?]]> https://www.williamstanger.com/?p=49977 2026-04-20T19:01:29Z 2025-12-10T16:42:47Z Owning commercial property in California gives you a strong, long-term investment. However, it also comes with responsibilities. Owners must also protect the environment. If your land or buildings have pollution or harmful chemicals, you may need to pay for a cleanup, which can become very expensive if the problem is severe.

How environmental laws create risk

Pollution can come from many places. Old gas stations may leave fuel tanks that leak into the soil. Warehouses may spill cleaning chemicals. Auto shops and factories may leave behind oil or battery waste. Even if someone caused the damage many years ago, the land can still be unsafe today. California and federal agencies enforce strong pollution laws. When they find a problem, they hold the current owner responsible for fixing it. Under strict liability, they do not ask who caused the pollution. They only want someone to clean it. Under joint and several liability, one owner may need to pay the full cost. These rules protect people and the environment. However, they also pose a significant financial risk to property owners. A pollution issue can delay business plans, reduce a property's value or stop a sale.

How owners can protect themselves

Owners can lower their risk by knowing the history of their land. Buyers can qualify for certain legal protections, such as the Bona Fide Prospective Purchaser rule or the Innocent Landowner rule. These may help when someone else caused the pollution. To qualify, buyers must complete All Appropriate Inquiries (AAI) before they purchase the property. They usually hire an expert to do a Phase I Environmental Site Assessment. The expert reviews records, talks to people and checks the site for warning signs. This helps buyers find problems early and make safer choices.

Why careful planning matters

Environmental laws can feel confusing. However, planning can help you avoid sudden and high cleanup costs. Asking questions and doing research before you buy a property can protect your investment. Talking with an attorney who understands environmental regulations may provide guidance and help you feel more confident moving forward.]]> On Behalf of The Law Office of William Stanger <![CDATA[2 common types of neighbor disputes in residential areas]]> https://www.williamstanger.com/?p=49973 2026-03-31T07:16:18Z 2025-10-07T16:25:08Z What are California nuisance laws? There are two types of nuisance in California law: public and private. Public nuisance refers to an act of disturbance that affects many people or everyone in the neighborhood, such as illegal dumping of trash or excessive noise and bright light usage from parties. On the other hand, private nuisance refers to an act of disturbance that affects one resident owner’s enjoyment of their property. An example of this is when a neighbor’s encroaching tree interferes with the other neighbor's use of property. Depending on the circumstances and impact it gives, a neighbor’s act of nuisance can be determined as public, private or both. Here are two examples of residential nuisance:
  • Noise disputes: Noise complaints between neighbors are common and typically stem from playing loud music, hosting night parties or having dogs that bark too much. Although a one-time occurrence might not be a big deal, a regular pattern of nuisance is not. Excessive noises can not only disrupt the other neighbor’s peaceful living, but cause annoyance for the other nearby residents as well.
  • Property boundary disputes: Neighbor-to-neighbor conflicts on boundary lines often arise from disagreements over encroachment of vegetation, fence lines or disputed ownership of land. Resolving these disputes is more challenging and may need legal evaluation of the property boundaries from professionals.

How can I defend myself against a nuisance claim?

If one of your neighbors has sent you a nuisance claim, stay calm and take the time to understand the complaint’s basis. Aside from the type of nuisance, it will also contain an explanation of the dispute, evidence logs and the specific amount that your neighbor is seeking from you. The appropriate course of action for your situation will vary on the severity of the nuisance complaint. For example, if it is a minor case, you may be able to resolve the dispute through negotiation with your neighbor. However, for more complex cases, you may need to seek the guidance of a lawyer who can help you work on a strategy and prepare for your defense. By gaining insight into California’s common nuisance law principles, you can protect your rights and create a plan that can lead you with the best outcome possible.]]> On Behalf of The Law Office of William Stanger <![CDATA[How to spot red flags in commercial property disclosures]]> https://www.williamstanger.com/?p=49972 2025-08-12T13:37:17Z 2025-08-12T13:37:17Z Commercial disclosure requirements Transparency is key when buying and selling any property. The law requires commercial property owners to provide information on their buildings. These disclosures go beyond issues or repairs made to the property. Property disclosures should include details about energy efficiency, disability access compliance, and any existing leases. Sellers must also include information on environmental hazards, such as earthquake fault zone locations.

Warning signs of incomplete disclosures

Some sellers may leave out important property details. These gaps in information mask issues that affect overall value and safety. Watch for these red flags that suggest missing or misleading information, like:
  • Renovations without proper permits or inspections
  • Vague language like "unknown condition" without more details
  • Missing permits for major work
  • Environmental report gaps or outdated testing
  • Repairs just before listing with no invoices
  • Incomplete tenant info or lease summaries
  • Flood, fire, or code history missing despite clues
Giving vague answers or surface-level information helps sellers hide known problems. For buyers who fail to catch these inconsistencies, it can lead to huge investment losses.

What to do when problems surface after closing

Even thorough due diligence can fall short if you don't know what specific warning signs to look for. If you find issues after closing, act fast to protect your investment. You still have options available, including taking legal action against the seller. This may help you recover the difference between the property's advertised and actual value. Document all evidence of the hidden problems and the information the seller gave you. It's prudent to consult a legal professional right away so you know your options for legal recourse. Moreover, working with an experienced professional before closing the deal helps ensure you don't miss anything troublesome.  ]]> by The Law Office of William Stanger <![CDATA[Why does the MLS listing say the house is bigger than my home inspection report says?]]> https://www.williamstanger.com/?p=49971 2025-07-17T01:34:37Z 2025-07-17T01:26:32Z
  • Bill
    •  ]]>         On Behalf of The Law Office of William Stanger <![CDATA[How can a force majeure clause impact a commercial lease?]]> https://www.williamstanger.com/?p=49970 2025-06-13T12:48:26Z 2025-06-13T12:48:26Z What is a force majeure clause? The term force majeure is a French phrase that essentially means greater power. Some people refer to force majeure clauses as “Act of God” clauses. They serve as a type of contingency for the termination of lease obligations. Highly unusual and uncontrollable circumstances could trigger a force majeure clause. Natural disasters, war and acts of terrorism are among the various scenarios where either party might invoke a force majeure clause.

    What is the impact of a force majeure clause?

    Commercial leases usually establish a multi-year commitment that both parties have to uphold. Tenants, in particular, may find the obligation to continue paying rent after a business fails quite challenging. When unusual and uncontrollable circumstances prevent either party from fulfilling their obligations, they can invoke the force majeure clause to terminate the lease early. In many cases, tenants who cannot do business due to supply chain disruptions, infrastructure issues and other unpredictable circumstances may seek to terminate their leases. Doing so can allow them to eliminate major operating expenses until the company can overcome its current challenges or move on from the failed business endeavor without insurmountable debts. Landlords unable to maintain facilities and provide amenities to tenants can also sometimes terminate leases using force majeure clauses. Including language in a commercial lease that allows for protection in unusual circumstances can be beneficial for both landlords and business tenants. Those intending to sign a new lease or renew an existing one may want to explore custom terms that expand their legal protection.]]>         On Behalf of The Law Office of William Stanger <![CDATA[4 common real estate disputes property owners may encounter]]> https://www.williamstanger.com/?p=49964 2026-04-23T11:48:25Z 2025-04-18T15:24:13Z Owning property comes with specific responsibilities. Some of these are common, such as paying for homeowner’s insurance or getting repairs done on the property. Others aren’t as common but can have significant impacts on the homeowner.  Each of these four disputes can lead to litigation, so it’s critical to understand what they entail. 

    1. Lack of proper disclosure 

    The seller in a real estate transaction is required to make certain disclosures in the transaction. When they don’t provide those transactions, there’s a chance that the purchaser will take legal action. It’s necessary for the buyer to show that the seller knew about the issue. Additionally, the problem can’t have been one that would have been unearthed during an inspection or one that’s overly obvious.

    2. Property line disputes

    Property line disputes can lead to legal action because they can play a role in where a person places external structures, such as sheds or fences. A property dispute will often lead to needing to hire a surveyor to establish the property line. 

    3. Misunderstood easements

    Some properties have easements attached to them. This arrangement allows one party to use part of the property in a specific manner. This doesn’t give them ownership of the property, but it can sometimes lead to disputes about the manner of usage. Legal action may also be required to establish, alter or cancel an easement. 

    4. Construction disputes

    Homeowners sometimes upgrade their property or make certain updates to it. When they hire a contractor, they expect the work to be done properly and according to the project’s specifications. When the contractor doesn’t uphold the expectations, the homeowner may take legal action. This could be because of subpar workmanship or materials.  Each of these situations requires specific legal strategies to address them. Understanding the options can be beneficial in these situations because it’s critical that homeowners make the decisions that are in their best interests. Working with someone who’s familiar with these real estate matters may make it easier for the homeowner to determine how to proceed.  ]]>         On Behalf of The Law Office of William Stanger <![CDATA[Is a landlord or business tenant responsible for ADA compliance?]]> https://www.williamstanger.com/?p=49963 2025-03-06T00:24:16Z 2025-03-06T00:24:16Z Both parties may have a degree of responsibility Under the ADA, both commercial landlords and business tenants could have obligations to the public. Either party could be vulnerable to ADA non-compliance allegations brought by frustrated individuals. Factors including the terms of the lease influence who is most exposed in such scenarios. If the tenant signed a triple net lease that makes them responsible for all maintenance and repair costs, their landlord might be able to hold them at least partially accountable for the costs associated with making the facility more accessible. In scenarios where the landlord assumes all responsibility for maintenance and repairs, such as when a tenant rents one office in a large building, then the liability may primarily fall to the landlord. In some cases, both parties may need to negotiate to reach an arrangement in which they share responsibility and the costs of becoming ADA compliant. After all, each party could be vulnerable if ADA litigation occurs. Business tenants looking for rental space may need to consider accessibility when evaluating their options. Particularly if they intend to see customers or clients in person, ADA compliance can influence whether or not a specific rental property meets the needs of the business. Having help when evaluating a property, responding to a complaint or preparing for negotiations can make all the difference for those who sign commercial leases as tenants or landlords. Disability accommodations are among the many potential complicating factors that can impact commercial tenancies.]]> On Behalf of The Law Office of William Stanger <![CDATA[3 solutions when a tenant wants to end a commercial lease early]]> https://www.williamstanger.com/?p=49961 2024-12-24T03:23:55Z 2024-12-24T03:23:55Z 1. Assigning the lease to another party Sometimes, the terms of a lease allow for assignments. Lease assignment occurs when a business tenant arranges for another organization to take over the lease. They absolve themselves of rent obligations by finding someone else to occupy the space for the duration of their lease. Those hoping to assign a lease often need to review their documents carefully, as commercial leases may contain clauses that prohibit lease assignments.

    2. Invoking a force majeure clause

    There are many circumstances outside of a business owner's control that could force the closure of a business or a specific location. Acts of war or terrorism, natural disasters and protracted supply chain disruptions are all examples of unusual scenarios that might lead to a tenant invoking a force majeure clause. It is possible to end a lease early in scenarios where circumstances outside of a company's control prevent continued business operations.

    3. Negotiating partial payment

    Typically, commercial tenants are responsible for the remainder of their lease payments even in scenarios where they vacate the property prematurely. However, landlords who regain access to the property ahead of time may sometimes agree to cooperate with a tenant. They may reduce their financial obligations, especially if the landlord can locate a new tenant. Direct negotiations between landlords and tenants can sometimes result in a mutually agreeable arrangement where the tenant covers a portion of the outstanding rent but not all of it. Integrating the right terms into a commercial lease and reviewing the terms of the lease later on when issues arrive are both important steps for the protection of business tenants and landlords in an early termination scenario. Longer-lasting leases often require careful consideration in scenarios where business tenants do not intend to remain in the space.]]>         On Behalf of The Law Office of William Stanger <![CDATA[Can companies re-develop vacant office buildings?]]> https://www.williamstanger.com/?p=49960 2024-10-21T00:08:13Z 2024-10-21T00:08:13Z Are residential conversions a viable solution? It seems like every few weeks, there is another announcement about a prior office building undergoing rezoning and construction to turn it into a residential facility. With vacancies remaining relatively high and lease rates low, commercial property owners may see the value in turning office spaces into apartments or condominiums. There are several challenges to be aware of when contemplating that process. First and foremost is the need to rezone the property or obtain a zoning variance. That process can be unpredictable and time-consuming. If successful, however, changing the zoning is only the first several steps necessary to convert office units into residential spaces. The building code requirements are vastly different for residential units than they are for office buildings. Property owners may need to invest heavily in the installation of individual HVAC units, additional electrical supply and various other major changes to business infrastructure. That being said, local demand for housing remains strong. Both condominiums and apartments provide opportunities for ongoing revenue while simultaneously creating property management responsibilities. For many commercial property owners, a building conversion could be a viable solution to frustrating long-term vacancies at office buildings. Discussing redevelopment projects and looking into local statutes with a skilled legal team can help property owners determine if a conversion is a realistic solution for them. Property owners struggling to generate revenue at specific facilities may need to employ creative solutions to optimize the return on their investments.]]>