Real Estate Matters

       Real Estate Transactions

Our firm knows that buying a house and owning real property is a big investment, and we can help you with any real estate matter that arises.  We represent landlords and tenants in the negotiation and preparation of commercial and residential leases, and if necessary, in litigation for unlawful detainer actions or actions for breach of the rental agreement.  

We advise and counsel clients on real property purchase agreements and negotiate on their behalf when issues arise during the escrow process for any purchase. With a strong tax practice, we are able to counsel and advise clients on Section 1031 exchanges and to structure these transactions so that clients can avoid taxation on the sale of investment property.  We can even help you with a Mills Act application to reduce the property taxes on your historical property. 

Our representation also extends to representing private lenders and borrowers.  This includes the negotiation of terms of private loans secured by real property, and the preparation of promissory notes and deeds of trust securing these loans.    If the borrower goes into default, we are able to help you recover your loan either through foreclosing on the deed of trust or in litigation with the borrower. 

Real Estate Litigation

In addition to litigation stemming from contractual relationships such as loans, leases and purchase and sale agreements, we represent clients in litigation regarding the use and control of their real property. This includes representation in claims for adverse possession, prescriptive and equitable easements, and licenses.  We help clients resolve disputes with their neighbors before litigation arises through mediation and negotiation, but if litigation is necessary we vigorously enforce your rights and protect your property.

Disputes not only happen with neighbors, but between co-owners of real property. We can help you resolve disputes with your co-owners, including preparation of management and other agreements regarding the control and use of co-owned real property.  If you want to sell your real property and your co-owner doesn’t, we can help you force the sale of that real property through a Partition action in court. 

In addition to litigation with co-owners and neighbors, we also represent clients in disputes with brokers, sales agents and mortgage brokers licensed by the California Bureau of Real Estate.  Your brokers, realtors and mortgage brokers have a duty to treat you fairly in your transactions.  We help you ensure that you these individuals act in your best interests, and sometimes they fail either through their own negligence or outright malfeasance..  When they do, we can help you recover your damages from their malfeasance.  Whatever your real estate need, we can help you.    

Tax Matters

As a Certified Public Accountant (CPA) and attorney, Ana Soares has developed an extensive practice tax practice.  This includes advising and counseling clients on the tax implications for transactions they are contemplating, and structuring transactions to maximize tax savings.  This extends to working with clients in Section 1031 Exchanges, purchases and sales of business, business formation, and all other matters that clients want to pursue and which could have substantial tax implications.  Ms. Soares advises clients on multi-state taxation issues, sales and use tax matters, Federal Excise tax matters, and all other tax matters that business owners are faced with as they grow. 

In addition to tax advice, Ms. Soares has built an extensive practice representing clients before the California Franchise Tax Board and Internal Revenue Service.  This includes representing clients in examinations such as desk audits and responding to IRS Notices, to working with the IRS on settlement of claims and offers in compromise.  If necessary, Ms. Soares is confident taking cases to Tax Court to ensure that her clients are fairly represented in their tax controversies. 

Business Matters

Business Formation

We work with clients in all stages of their business.  We counsel clients on the various forms of entities through which they can conduct business, from corporations to limited liability companies to partnerships to Delaware Series Limited Liability Companies, and advise clients on the liability protection, benefits, drawbacks, and tax ramifications of each entity. 

Together with the client, we are able to help the client determine the appropriate business form so that the client can have the peace of mind knowing that it has the protection from liability, flexibility of purpose, and tax savings to allow the business to thrive. 

Business Transactions

We assist business with ongoing matters from employment agreements and independent contractor agreement, to shareholder agreements and contracts with vendors, suppliers and even franchising agreements.

We have extensive experience in Business Purchases and Sales, and are knowledgeable with the business escrow process. This experience allows us to fully represent clients in the purchase or sale of a business.

Administrative Law Matters

Our firm advises and represents clients in administrative  matters, including

Department of Alcoholic Beverage Control Liquor Licenses

We help clients obtain liquor licenses, catering permits, and other licenses from the Department of Alcoholic Beverage Control. Our representation doesn't stop when the license is issued. Our firm continues to represent clients when they have problems with their license or face administrative action by the ABC.

Sales and Use Tax

Our firm represents clients in sales and use tax matters before the California Board of Equalization.  We also represent clients in federal excise tax matters before the Internal Revenue Service.

Bureau of Real Estate

Our firm represents brokers, sales agents and mortgage brokers in matters before the Bureau of Real Estate. This includes negotiating with the Bureau of Real Estate, and representing licensed individuals in administrative hearings against the Bureau of Real Estate.   In addition to representing clients before the BRE, we can help you run your real estate business so that it is compliant with the BRE requirements. This includes making ensuring your contracts are properly drafted, preparing leases and other agreements for your property management company. 

Bureau of Real Estate Recovery Account

We assist clients who are the victims of fraudulent acts by licensed real estate agents and brokers in applying from recovery from the Bureau of Real Estate (BRE) Recovery Account. The Recovery Account is funded from the dues paid by real estate agents and brokers. Victims of fraudulent acts by brokers and real estate agents can apply to this Recovery Account for a recovery of some, if not all, of their funds lost due to the fraudulent acts of the real estate agent or broker. We have represented clients in all stages of this complicated process, including representation in interpleader actions filed by the California Attorney General to settle conflicting claims owed to numerous victims of the same real estate broker or agent.

CSLB (Contractors' State Licensing Board)

We represent contractors and other clients licensed by the California CSLB.  This includes defending clients against accusations by the CSLB for violations.  We can help you set up your licensed business, and ensure that your contracts and practices comply with the CSLB requirements so that you do not have any issues with the CSLB going forward. 

Non-Profit Organizations

Our firm advises non-profit clients on all aspects of operation, from formation to governance to regaining tax exempt status after revocation of tax-exempt status by the IRS. We have the experience to help clients obtain the appropriate tax-exempt classification based on the complicated rules set forth by the IRS.