Experienced Real Estate Lawyer

Real estate probably represents the largest asset class in your portfolio. Every transaction represents a significant shift, whether buying or selling a home, leasing to a new tenant, making changes to title, or buying or selling an investment property. Mistakes in strategy or legal terms result in huge losses.

Real estate law works to define the strategic and tactical path to take you from the challenge you find yourself at today and to move you to a new opportunity.

Here are some of the areas of real estate law that Moschetti Law Group has helped others with:

Purchase & Sale

Mark is a developer of luxury apartment buildings and townhomes. Next door to one of his prime properties is a small building on a large lot that would be a perfect expansion. Mark had discussed this with the owner, and they were open to selling. Still, the deal was complicated with financing issues, environmental concerns, and a needing to negotiate with a tenant.

We strategized and executed a plan to meet Mark’s needs along with an amicable transaction that satisfied him, the tenant, and the owner.


Title, Partition, and Quiet Title

Jerry and Laura owned an oceanside house with their friend David. They rented the property out since they bought it nine years ago. It was a perfect arrangement, and since marketing it on Airbnb, it brought in a decent, passive income. Then David lost his job and moved into the property. He refused to pay rent to his friends, and their friendship was over. Jerry and Laura wanted to sell the house and be done with it, but David refused that.

We worked with Jerry and Laura to salvage their friendship first and ultimately requested a Partition from the Court. The property was then sold at a profit, and the parties divided the proceeds.



Harold owned a multi-tenant medical property that he practiced out of along with four other medical professionals. One of the other doctors decided it was time to retire and sell his practice but had only a few months left on his lease. He knew the right purchaser, but they needed at least a seven-year term.

Harold came to us wanting to help his tenant/friend and get the new doctor in his place. We decided it was better to work on a new lease to update the terms for Harold. We negotiated a new lease that fit everyone’s needs, and now Harold has a new tenant, his friend has a happy retirement, and the new doctor has a great space to build his practice.


Unlawful Detainer

Pinnacle Center owns a retail center in Los Angeles. It had become a pride-of-ownership property that Pinnacle Center invested over $5M in renovating since its aquation four years before. It had a roster of national brands and local names and provided good cash flow… Except for one large space occupied by an original tenant. The tenant had been problematic from day one, and when COVID hit, they decided to take advantage of the situation and their landlord.

We first tried to resolve the situation amicably, but when it became apparent that the tenant wouldn’t change, we filed an unlawful detainer. We removed them as a tenant, collecting damages and back-due rent, and helped Pinnacle Center secure a new tenant at a better rent.


Asset Protection

Ted, a dentist, owns seven apartment buildings in B and C neighborhoods that he collected over the years. He had heard that putting them into a revocable trust was a way to protect assets and maintain some level of privacy. Through no fault of Ted’s, a litigious tenant got injured and decided to hire a lawyer. Ted was met with unreasonable demands, which threatened Ted’s portfolio, and he was featured in an unfair local news segment.

While his litigation counsel helped him with the tenant’s immediate problem, we worked with Ted to protect him in the future. We built a set of companies to protect each asset from the other. We also set up a screen of privacy filters to keep Ted’s name out of future publicity and appear less wealthy to bottom-feeding litigants.



Roger was the managing partner of a small investment group that owned a portfolio of four buildings on five lots. They were prime properties, and the market was perfect, and it was time to sell. The portfolio all had a problem though; there was a CMBS loan on the whole project with a looming defeasance.

We analyzed Roger and his group’s situation and determined the property would be better off being sold piece by piece. We marketed each building separately and found three owner-users and one investor to buy each piece. We then helped each buyer develop a workable association to manage the lots and shared expenses. Finally, we timed the sale to happen simultaneously to eliminate the need for bridge financing and let the defeasance be paid all at once. Roger had our firm not only as its attorney but as his real estate broker – attorney fees paid entirely out of escrow for the same amount as if they just hired a broker and acted without an attorney.

Real Estate Attorney

Real estate is an investment asset class where identifying and mitigating risks can mean the difference between adding tremendous value and losing it all in foreclosure. The lifeblood of real estate are the transactions that support them – the leases, the purchases and sales, the entities that hold title, and the financing that makes it all possible. The best way to avoid litigation in real estate is to get the transaction right. A mistake in terms or strategy can result in huge losses.

Our focus in real estate is transacting to create value. While each transaction is different, we have been down each road with clients, and on behalf of ourselves as investors and syndicators. At your Orientation Meeting, we will work together to understand the road you are on and the best outcome (summit) you wish to climb and help you pack for the trip.

Most of the time, our clients are on one of four different roads for which we craft a custom solution:

The lease agreement transactions that go smoothly don’t cause any notoriety; all the parties are happy in the end. The problem is when transactions go wrong. The main question in the case of a complex transaction becomes, will yours be the side exposed to the most liability? We want to do everything in our power to protect you if a problematic legal situation does arise.

Every Purchase and Sales Agreement represents a substantial change to your balance sheet. A Seller will be divesting him or herself of a property they know well and converting it into cash or a new property through a 1031 exchange. A Buyer is new to this property, and no matter how experienced they are in real estate, there is a lot to learn about this particular property, and a lot to know about making a good Agreement.

For any business, the entity itself, the LLC or Corporation that holds title to the property, is part of the foundation of the success of the overall project. The correct entity type and formed in the correct manner can have a significant impact on its ultimate success and the personal liability of its founder or members. While there are advantages and disadvantages to each type of entity, we have found that clients often misunderstood. Many times they think they must have an LLC or an S-Corp. Each means different things in terms of personal liability for businesses’ debts, tax liability, formation cost, and book keeping requirements.

Syndication is the legal path to private equity funding, but it could lead to a breach of SEC rules if not done correctly. We offer a full package of agreements and disclosures, including a Private Placement Memorandum, Operating Agreement, Subscription Agreement to protect you and your investors. When reviewing a client’s marketing package, Moschetti Law Group focuses on areas that will increase their ability to raise capital. This can mean suggestions for improving elements of the package from the perspective of a potential funder. We are experienced with marketing packages geared toward generating capital through private or public funding sources, including real estate crowdfunding.


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Providing Investors With Real Estate Solutions

  • Lease Drafting and Review

  • Purchase and Sales Agreements

  • Entity Solutions

  • Syndication

At Moschetti Law Group, we offer our legal expertise and experience to help you customize solutions for your real estate and investment concerns. Whether you’re looking into lease agreement transactions gone wrong, changing your purchase and sales agreement, choosing the correct business entity type, and thinking about equity funding, we are here to guide you. Together, we will protect your family and the ones closest to you by preparing for what the future holds.


The Real Estate Investment and Solution For You

Moschetti Law Group specializes in real estate and investment for families, individuals, professionals, and real estate owners and investors like you. Let us help you customize solutions to meet your unique needs.

Contact our office today by calling 888-585-3899 or by filling out the contact form.


Make informed decisions about your real estate transaction or syndication.

Contact our Calabasas, CA real estate and business attorneys today!

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