Most real estate problems are contract problems that nobody read closely enough. A purchase agreement with a contingency that quietly expired. A commercial lease where the tenant is responsible for a roof nobody mentioned. A fence that has been in the wrong place for thirty years and is now someone’s title defect.
The usual advice is to bring in a lawyer once the dispute has started. It is far cheaper to bring one in while the document is still a draft. Volo Law does both — reviewing and drafting before the deal closes, and handling the matters that surface after.
Purchase Agreements, Leases, and Transaction Documents
Commercial and residential purchase agreements and contracts
We draft and review the agreement itself, along with the contingencies, disclosures, and amendments that ride with it. This matters most in two situations: when the transaction is off-market or between parties who know each other, and when the standard form does not fit what you actually agreed to.
Leases, residential and commercial
Commercial leases are where the money hides. Triple-net charges, CAM reconciliation, personal guaranties, assignment restrictions, holdover rent, and who repairs the HVAC are all negotiable, and all expensive if the answer surprises you in year three. We draft leases for landlords and review them for tenants.
Promissory notes and financing documents
Seller carry-back financing, private hard-money loans, and family loans secured by property all need a note and a deed of trust that actually work together. We prepare both, and straightforward notes and deeds of trust are available at a flat fee — see our Flat Fee Packages page.
Title, Boundary, and Neighbor Disputes
Quiet title actions
When the record title to a property is clouded — by an old lien that was never released, a defective deed, a disputed claim of ownership, or an heir nobody knew about — a quiet title action asks the court to resolve who actually owns what. These cases turn on documents and chain of title, which is exactly the kind of record work this practice handles.
Easements
Access across a neighbor’s land, a shared driveway, a utility corridor, a right of way that has been used for decades without anything in writing. Easements can be created by grant, by necessity, or by long use, and they can also be terminated. Whether you are trying to establish one, enforce one, or clear one off your title, the analysis starts with the deeds.
Nuisance
Noise, odors, drainage onto your property, overhanging trees, a neighboring use that interferes with your ability to enjoy your own land. Most nuisance disputes are worth resolving through a letter and a negotiated agreement long before anyone files suit.
Valuations, Broker Services, and Permits
Property valuations and broker price opinions
As a licensed broker, Tony Bayard de Volo can prepare a broker price opinion — a documented estimate of value useful in a dispute, a buyout between co-owners, an estate or trust distribution, or a loan negotiation.
Building permit assistance
Unpermitted work is one of the most common problems to surface in a sale. We help owners navigate the permitting process and address work that was done without one.
When to Call a Real Estate Attorney
Many real estate deals close without an attorney, and that is fine when the terms are standard and both sides are represented by experienced agents. It makes sense to bring in a lawyer when something about the deal is unusual or when money is already at risk. Common reasons clients call us include:
Buying or selling off-market. Without an agent on one or both sides, no one may be reviewing the contract terms, disclosures, or contingencies for you.
Selling a property with unpermitted work. Garage conversions, additions, and accessory units built without permits can stall a sale or lead to a price reduction if they are not addressed early.
Signing a commercial lease. Commercial leases are negotiated documents. Operating expense charges, personal guaranties, and assignment limits can cost far more over the life of the lease than the rent itself.
Lending to or borrowing from family. A properly prepared promissory note and deed of trust protects both sides and helps avoid disputes later, especially if one party passes away.
Buying out a co-owner. Siblings who inherit a home together, or former partners who own property jointly, often need a valuation and a written buyout agreement.
Discovering a title problem. Old liens, missing signatures, and errors in a legal description can all cloud title and block a sale or refinance.
Dealing with a neighbor dispute. Fences, driveways, trees, and drainage issues are easier to resolve early, before positions harden.
Real Estate and Your Estate Plan
For most Bay Area families, their home is their largest asset, so real estate and estate planning are closely connected. If you have a living trust, your home needs to be deeded into it for the trust to avoid probate. We prepare that deed as part of our will and trust package. Married couples may also need an interspousal deed to clarify how property is held, which we prepare for a flat $100.
Real estate also affects what your heirs inherit. Under Proposition 19, children who inherit a parent’s home may face a property tax reassessment unless certain conditions are met. Because Tony Bayard de Volo practices both real estate and estate planning law, he can review how your property is titled and make sure it fits your wills and trusts plan.
Business owners who hold property through an LLC or corporation should also make sure the entity documents and the trust work together. Our business law practice handles entity formation and the operating agreements that govern property held by a company.
Why a Lawyer Who Is Also a Broker Matters
Most real estate attorneys handle only the legal side of a transaction, and most brokers handle only the market side. Tony holds both a law license and a California real estate broker license. That means he can review a purchase agreement for legal risk, give you a broker price opinion on what the property is worth, and explain how the two affect each other. For clients involved in a dispute, a co-owner buyout, or an estate sale, having both perspectives from one person saves time and avoids the cost of hiring two separate professionals.
Why Clients Choose Volo Law
Tony Bayard de Volo has practiced law for more than twenty years. He graduated with high honors from the University of California, Berkeley, then earned his law degree at Boston University School of Law, finishing in the top ten percent of his class with an emphasis on tax law. He worked as a tax lawyer at PricewaterhouseCoopers and at large firms in Chicago and Newport Beach before opening his own office in 2003. He is also a licensed California real estate broker and runs Legal Realty, with active agents working under the brokerage.
That dual background is unusual and practical. A real estate lawyer who has never run a transaction sees the contract. A broker who is not a lawyer sees the deal. Here you get one person who sees both, and who can tell you what the tax consequence will be before you sign.
You work directly with the attorney, at a fee quoted in advance.
Serving San Jose, Fremont, and the Bay Area
Our office is at 1541 The Alameda in San Jose. We handle real estate matters throughout Santa Clara County — San Jose, Santa Clara, Campbell, Los Gatos, Milpitas, Sunnyvale, and Cupertino — as well as Fremont, Union City, Newark, and southern Alameda County.
Frequently Asked Questions
Talk to a San Jose Real Estate Attorney
Whether you are reviewing a contract before signing, drafting a lease, or dealing with a title or neighbor dispute, the first conversation is free and takes twenty minutes. Attorney Tony Bayard de Volo handles every matter personally.