The Law Offices of Robert Wallenstein

Personal Injury Law Attorneys, Accident & Property Damage Attorneys, Attorneys

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Hours

Regular Hours

Mon - Fri:	9:00 am - 5:00 pm

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TollFree: (800) 231-9800

Phone: (619) 233-7441

Phone: (619) 231-6500

Phone: (619) 841-2365

Phone: (619) 202-1356

Phone: (619) 231-4841

Phone: (619) 633-7469

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Location

110 Plz

AKA

Robert Attorney Wallenstein at Law

Law Offices Of Robert K Jassoy

Robert K Jassoy Law Offices

Muir Robert E Law Offices Of

Muir Robert E Law Offices

Law Law Office Of Robert Ottilie

Wallenstein Robert Attorney At Law

Other Links

http://jassoylaw.com/contact-us

https://muirlaw.com/contact-and-directions

Categories

Personal Injury Law Attorneys, Accident & Property Damage Attorneys, Attorneys, Bankruptcy Law Attorneys, Business Law Attorneys, Business Litigation Attorneys, Criminal Law Attorneys, Divorce Attorneys, Domestic Violence Attorneys, Family Law Attorneys, General Practice Attorneys, Litigation & Tort Attorneys, Real Estate Attorneys, Sexual Harassment Attorneys, Wills, Trusts & Estate Planning Attorneys, Wrongful Death Attorneys

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Phone: (619) 685-5388

Website: http://jassoylaw.com/contact-us

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The Law Offices of Robert Wallenstein

Divorce
Guardianship
Transfers of property that are exempt under Civil Code §1102 include new home sales requiring a public report, transfers pursuant to court order such as probate sales, transfers by foreclosure including deeds in lieu of foreclosure, and transfers by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust. However, when the property is held in a revocable trust and the trustee is a natural person who is the sole trustee of the trust as well as the former owner of the property, or an occupant in possession of the property within the year preceding the transfer, the TDS is required.

Theft
Embezzlement
Civil penalties for financial elder abuse require the wrongdoer to compensate the victim, pay punitive damages, and pay the victim’s attorney fees and costs. (Welf. & Inst. C. § 15657.) Criminal penalties also apply for theft or embezzlement from an elder adult and can result in imprisonment. (Penal Code § 368.)

Business and Corporate Law

Business Disputes
Muir served as an Arbitrator for the San Diego Superior Court (1994 - 2005) and American Arbitration Association (1988 - 1996) on business and commercial disputes. He was an instructor of contract law (1987 - 1990) and business law (1986 - 1987) at the University of California, San Diego Extension. He has made numerous presentations as keynote speaker and seminar panelist before professional groups including the San Diego Association of Realtors, San Diego Apartment Association, and San Diego County Bar Association, including appearances on radio. Muir has also given presentations on mediation to mediators at the National Conflict Resolution Center (formerly San Diego Mediation Center) and San Diego County Bar Association.
Business Transactions
Robert Muir has over 30 years of experience in Real Estate Law; Real Estate Brokerage Law; Real Estate and Business transactions and Litigation, and Civil Litigation, Arbitration and Mediation.
Limited Liability Companies
Determining which transactions are exempt from the Real Estate Transfer Disclosure Statement (TDS) requirements under California Civil Code §1102 is not always clear. For example, investors sometimes create limited liability companies ("LLC") to sell residential property or use the LLC as the trustee of a trust, to get around the requirement of giving the buyer a TDS. However, this claimed exemption is doubtful.

Real Estate Litigation
In 1981, Robert Muir began practicing law in San Diego. For 15 years, Muir practiced with an "AV Rated" five-attorney civil litigation, business and real estate law firm in downtown San Diego where he developed his own clientele and expertise.
Construction Litigation
Muir represents parties in lawsuits, arbitrations and mediations on issues related to breach of contract, fraud, disclosure, misrepresentation, co-ownership, easements, boundaries, encroachments, title insuarance claims, construction defects, commission and escrow disputes, professional negligence including broker and property manager liability, elder financial abuse, CC&Rs, HOA's, Department of Real Estate licensee matters, landlord and tenant, eviction, foreclosure, financing, and insurance.
Real Estate Transactions
Elders, and dependent adults, are vulnerable targets for the unscrupulous, particularly in real estate transactions. Californians over age 65 own approximately 25% of the total value of all owner-occupied housing in the state. Many instances of elder abuse occur through actions of family members, trusted professionals, or caregivers.
Easement
Landlord-Tenant Disputes
Real Estate Matters: Muir often represents parties in lawsuits arbitrations and mediations on issues of breach of contract, fraud, disclosure, misrepresentation, mold, easements, encroachments, construction defects, commission and escrow disputes, professional negligence, CC&Rs, Department of Real Estate matters, landlord and tenant, foreclosure, financing, insurance issues, and real estate related matters.

Trusts and Estates

Estate Planning
"I wanted to again thank you for handling our case, and for the level of service that you and Olga provided... Your experience with this type of real estate litigation is extensive... I felt comfortable that you thoroughly understood our case and, more importantly, the various options that developed during its progress. I can't say that about my prior lawyers."
Probate

Bankruptcy
Foreclosure
The benefits to the seller include obtaining a higher yield on the loan to the buyer who is charged a higher rate than what the underlying lender is charging. The seller also makes the payments directly to the bank which ensures that the payments are made. There may also be tax advantages for deferred capital gain. The seller also has the right to conduct a trustee's foreclosure in the event of a default. The seller may also avoid a prepayment penalty on the underlying loan, although this goal could be accomplished by the buyer purchasing the property "subject to" the existing financing and the seller carrying back a note and junior trust deed.
Tax Law
The parties to the agreement share the tax benefits. Although an equity sharing arrangement is like a partnership, for tax purposes it is not treated as a partnership. The owner-investor can receive certain interest and expense deductions, such as the depre ciation allowance. The owner occupant, on the other hand, can take similar deductions to a homeowner, depending on the percentage of ownership and structure of the agreement. Due to IRS re quirements in this area, a CPA should review the tax issues before the parties sign the equity sharing agreement.

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