If you do need to hire new employees, don’t lose sight of the legal issues that go along with hiring.  A few examples here include possible discrimination when advertising for new positions, questions you can’t ask when interviewing potential employees, and the terms of employment.  Federal anti-discrimination laws and additional protections under California law make discrimination illegal when based on categories that include disability, marital status, sex, age, national origin, race, sexual orientation, religion, medical condition, and so on.  Exceptions are very limited (e.g. a women-only hiring policy for women’s locker room workers) and have to be evaluated on a case by case basis.  Discrimination can occur in all aspects of employment, even well before hiring someone when your business advertises a job, chooses its recruitment methods, or interviews candidates for an open position.  When it comes to interviews, you have to be careful not to ask questions about the applicant’s age, what his or her childcare arrangements are, about plans to have kids, or anything else that relates to a status that’s protected from discrimination if the question isn’t required to determine the applicant’s ability to do the job and isn’t legally acceptable.  Discrimination laws are complex, and you need to speak with an attorney who can explain the details of how these federal and California laws apply to your business practices. 

Aside from discrimination issues, when hiring a new employee you have to be clear about several terms of the employment relationship to help prevent disputes (and potentially lawsuits) later on with that employee.  Misunderstandings can often be prevented with non disclosure agreements (also called NDAs or confidentiality agreements), and employee handbooks or manuals that make clear whether the employment is at-will and set out company policies without creating unintended terms of employment.  These are just a few general examples, but keep in mind that many other issues can come up when dealing with prospective hires and current employees.  We’ll prepare important agreements you may need and advise you on the legal aspects of running a business, including compliance with California’s harassment laws, wage and hour laws, and employee termination rules so you can avoid many common disputes that carry serious consequences.  Contact San Diego Law Firm to learn more about the best employment and hiring practices and how you can minimize the risk of getting sued.  Our experienced business lawyers can be reached at (619) 794-0243.

As pointed out earlier, any property taken by the government must be for a public purpose, such as to build schools and roads, to protect the public health and safety, or for other public projects.  In return, you’re owed just compensation.  So what is fair compensation?  This is one of the most important questions to ask in every condemnation case, because simple fair market value isn’t always the answer.  First, the government’s appraisal of fair market value will probably be different from another appraiser’s findings.  Second, you must identify all property interests and costs that should legally be reflected in the compensation offered for your relocation, especially when there is a business on the land to be taken.  In these cases, fixtures, equipment, and your business’s goodwill may be affected by a move, and these values need to be assessed and negotiated.  Often tenants also have the right to be compensated for their interests in a lease, such as the difference between the rent under the lease and a potentially higher fair market rent once the property is condemned.  What’s more, eminent domain can affect you even if your property isn’t being condemned.  You may instead be in the situation where the government’s actions on neighboring land affect your own property and diminish its value.  Or it may be that even though you still own your property, it is so heavily regulated that you lose almost all value in it, causing the government’s actions to amount to a “regulatory taking.”  In any of these situations, we’ll seek the compensation owed to you for your loss.

Here in San Diego, you may often come across local news of government takings through eminent domain.  Recently, the San Diego Union Tribune’s Matthew Hall reported that if the San Diego Chargers build a downtown stadium, the city might have to take over private land through its eminent domain power.  Similarly, Michele Clock of the San Diego UT notes that as part of Lemon Grove’s downtown redevelopment, the city may have to resort to taking land through eminent domain if negotiations to purchase a property (on which a storage business is located) fail.  If you’re facing similar circumstances, whether or not you should take the deal offered or go to court instead greatly depends on the legality of the government’s actions, and on how much the government is offering compared to how much you believe your property is worth.  In helping you answer these questions, we’ll also review whether the government agency involved is following the required legal process in condemnation proceedings, and strategize and prepare for the public hearing that’s held before an eminent domain lawsuit is filed.  If a favorable settlement isn’t reached, we’ll prepare for trial, file the required documents, and pursue your rights in court.  Avoid costly mistakes and make informed decisions by engaging San Diego Law Firm as soon as you learn your property has been targeted.  We’ll work to strengthen your bargaining power when negotiating with the government, coordinate with experienced appraisers, and pursue your rights in court when needed to further your interests.  Whether it’s your residence or commercial real estate that’s at stake, or if you’re a business owner leasing property that faces condemnation, our experienced San Diego real estate lawyers understand your needs and are here to help.  To contact San Diego Law Firm, call us at (619) 794-0243.

If you already bought your first home in 2008, and after April 8, then you may also be eligible for a tax credit up to $7,500, but the rules change because you’ll be required to repay the credit over 15 years on your future tax returns.  While the deal’s not as sweet, you can still benefit because the credit acts like an interest-free loan from the government.  Note that even if you purchase your home in 2009, the repayment requirement will kick in if you stop using the home as your principal residence within 36 months of the purchase date.  Those interested can visit the IRS website to see how it works and for more details on whether the home you’re buying (or the home you built) will qualify for the credit. 

Once you find a home you want to buy, you’ll need to work out the contract details, get inspections done, get your mortgage approved, and have everything else done to prepare for closing.  This will usually take up to two months.  Senior Financial Analyst Greg McBride suggests in the Wall Street Journal that you get pre-approved for a loan to speed up the purchase once you do find the home you want to buy. 

Even with the impending deadline, remember that this is a huge purchase, so don’t skip over important considerations, such as your mortgage options.  Compare plans according to your finances and requirements in order to get the best deal.  It’s also crucial that you fully understand the terms of the sale.  Home buyers and sellers can greatly benefit from our extensive real estate knowledge as we work to protect your interests.  We’ll examine whether there’s a title or easement issue, negotiate the terms of the agreement, prepare required documents, and deal with any problems that arise during inspections or at closing.  Contact San Diego Law Firm’s real estate lawyers at (619) 794-0243 for help in closing your deal and safeguarding your investment.

The concept of title begins simple enough. It’s about ownership, but things can quickly get complicated if problems arise with liens, encroachments, missing heirs, easements, boundary line disputes, unpaid taxes, mistakes in the deed, forgeries, and so on.  Title insurance can provide protection against these risks, yet even though lenders require title insurance, the policy purchased may have nothing to do with protecting your own interests.  That’s because there are two types of title insurance policies: a lender’s policy and an owner’s policy.  A lender’s policy doesn’t cover your down payment, monthly payments, or any increase in property value, and the coverage disappears once your loan is paid off.  For protection against your own financial loss in this major investment, you’ll need to buy homeowner’s title insurance. 

During the recession, owner’s title insurance may be even more worthwhile for those who are buying property as a result of a non-judicial foreclosure, since there’s the added risk that required procedures weren’t properly followed.  If you decide to buy your own title insurance, a recent Wall Street Journal article by James Hagerty recommends that you shop around and start early, instead of simply going along with the insurer picked out by your real estate agent or mortgage company.  Whether you’re buying or selling real estate, we’ll carefully examine the transaction and potential title issues, and take any necessary legal actions to resolve title and deed problems.  Be sure to contact San Diego Law Firm’s real estate attorneys early on by calling (619) 794-0243.

On his Usabizmart.com blog, MBA Peter Siegel gives a few preparation tips for selling your business at a fair price even in a down market.  For example, instead of preparing a three year history of sales and earnings, go further back to emphasize the recovery periods after past economic downturns.  We’ll help make your business a more compelling investment by making sure your business’s legal status and permits are current, while also working to resolve any contracts, employee, or customer issues. 

Siegel also points out that corporate layoffs can mean more buyers on the market with the incentive to buy a business now.  To find prospective buyers, you can join networking and business associations, hire a business broker, and list on online marketplaces.  Entrepreneur Tom Parsley advises on the different methods for selling a business in a Streetdirectory.com article.  He suggests that if you advertise online, list with a website that charges fees based on performance and has effective search tools, otherwise interested buyers won’t be able to find your business.

Once you’ve found a potential buyer, we’ll assist with negotiations and structure the deal to minimize tax consequences and legal liability, advise you about financing options, and prepare the sales agreement and other necessary documents to fully complete the transfer.  If you’re thinking about exiting your business, contact San Diego Law Firm’s experienced business law attorneys as early as possible so we can help you successfully sell your business.  (619) 794-0243.

The government is also doing its part to encourage energy saving improvements. You can find information on California and San Diego sponsored incentives and rebates, plus federal tax credits, on the Database of State Incentives for Renewables & Efficiency’s (DSIRE) website. Your remodeling company may even be able to get some supplies at a lower cost because of the recession, creating a great opportunity for many homeowners to save money. Whatever your motivation is, remember to choose a skilled remodeler that you can depend on to use the best practices, since the goal is always to make the most of your home investment. If you need help resolving any legal issues with your real estate, such as lien or inheritance problems, contact San Diego Law Firm at (619) 794-0243.

As recently reported in a Wall Street Journal blog, the Small Business Administration (SBA) is approving more loans as it continues implementing new provisions under the American Recovery and Reinvestment Act. According to the SBA, the stimulus program will help in making small business loans easier and cheaper to get, and will likely motivate lenders to make more of these loans by giving lenders new incentives.

If you decide to start a business, you can depend on San Diego Law Firm’s expertise to help you protect your personal assets and minimize tax liabilities by setting up the right business structure, such as a corporation or LLC, and assisting you to obtain the right business licenses and permits. If you’ll be buying commercial real estate, we’ll handle the necessary legal issues to help ensure you’re making a quality investment.