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Buyer signing a San Diego real estate purchase agreement beside a set of keys
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Real Estate Transactions

In San Diego real estate, the money is made in the contingencies

Purchase agreements, commercial leases, and development deals reviewed by an attorney who has served as president of a real estate development company and liquidated substantial property portfolios. I read the documents before your deposit goes hard, not after.

Free initial consultationPracticing since 1976San Diego office since 1994Direct attorney accessFlat fees on defined work

Real Estate Transactions

A transactional lawyer who has been the principal

San Diego County real estate moves quickly, and the standard forms are written to keep it moving. What they are not written to do is protect the specific thing you care about in this particular property, whether that is a lease assignment, a coastal permitting condition, or an easement nobody mentioned.

I bring more than thirty years of legal practice to real estate transactions, along with direct experience as president of a real estate development company where I liquidated substantial real property assets, and years in banking and finance. I have been the borrower, the seller, and the counsel.

For buyers, sellers, landlords, tenants, and developers across San Diego County, that means advice grounded in how these deals actually close here. Which contingencies deserve real time. Which title exceptions matter and which are noise. How a lease assignment provision will affect the value of a building when you sell it in six years.

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Buyer signing a San Diego real estate purchase agreement beside a set of keys

Scope of Work

Real estate matters I handle

  • Commercial purchase and sale agreements
  • Investment and multifamily property acquisitions
  • Industrial, retail, and office transactions
  • Land acquisition and development transactions
  • Commercial leases for landlords and tenants
  • Lease assignments, subleases, and amendments
  • Title report and preliminary report review
  • Escrow instructions and closing coordination
  • Easements, access, and boundary matters
  • Purchase money financing and seller carryback notes
  • Tax credit financing transactions
  • Entity structuring for property holdings
  • 1031 exchange transaction documentation support
  • Residential transactions involving unusual complexity

What I Watch For

What I look at that a standard form will not catch

Escrow will process the paperwork. Nobody in the standard process is reading the deal specifically for your downside.

Have Your Documents Reviewed

  • Contingency periods long enough to complete real inspection and financing
  • Title exceptions, easements, and recorded restrictions that limit your use
  • Zoning, permitted use, and coastal or overlay constraints
  • Existing tenant leases, estoppels, and assumed obligations
  • CAM charges, operating expense caps, and escalation formulas
  • Assignment and change of control rights in leases you are inheriting
  • Representations regarding property condition and known defects
  • Environmental disclosures and phase one review scope
  • Liquidated damages and deposit forfeiture terms
  • Financing contingency language that actually protects your deposit

How It Works

From first call to finished file

No mystery about what happens next or what it costs. Here is the sequence.

Free consultation before your deposit goes hard

Bring me the deal early. The contingency period is the window where you still have leverage, and it closes faster than most buyers expect.

Document and title review

Purchase agreement, disclosures, preliminary title report, leases, estoppels, and escrow instructions reviewed with a written list of what needs to change.

Negotiation of terms

I negotiate the amendments and addenda directly with the other side or their counsel, and coordinate with your broker, lender, and escrow officer.

Clean closing

Escrow instructions, funding conditions, and recording confirmed. You know exactly what you own and exactly what you agreed to assume.

Straight Answers

Real Estate Transactions questions from San Diego clients

Ask Your Own Question

Do I need a real estate attorney in California if I already have an agent?
California does not require attorney involvement in most transactions, and a good agent handles a great deal. But an agent works from standard association forms and cannot give legal advice on title exceptions, entity structure, lease assumption, or the enforceability of a custom addendum. On commercial, investment, and development deals, and on any residential deal with real complexity, attorney review is inexpensive insurance.
When in the process should I bring in an attorney?
Before your contingencies expire and ideally before you sign. Once the deposit goes hard, your leverage is largely gone and the conversation shifts from negotiating terms to managing consequences. The clients who get the most value call during the first week of escrow.
What should I look for in a San Diego commercial lease?
Beyond rent and term, look at the operating expense structure and whether escalations are capped, the assignment and subletting rights that determine your flexibility, who is responsible for the roof and the HVAC, the personal guaranty scope, holdover penalties, and the relocation clause many landlords include. Those provisions frequently matter more over ten years than the base rent number.
Can you help with a 1031 exchange?
I handle the transactional documentation and coordinate with your qualified intermediary and tax advisor so the purchase and sale documents align with the exchange requirements. The tax structuring itself belongs with your CPA, and I work alongside them.
Do you handle residential transactions?
I do when there is genuine complexity, such as a seller carryback, a trust or estate sale, title problems, boundary and easement disputes, entity ownership, or a transaction between family members or partners. For a routine home purchase with no unusual features, the standard process usually serves buyers well.

Free Consultation

Call before the contingency period runs out

The window where a San Diego property deal can still be changed is short. A free consultation now can save a deposit, or save you from a building that does not do what you were told it would do.

  • Free consultation on any San Diego County property deal
  • Perspective from a former real estate development company president
  • Title, lease, and escrow documents reviewed in detail
  • Coordination with your broker, lender, and escrow officer
(619) 699-4860

2366 Front Street, San Diego, CA 92101-1414
Monday to Friday, 9:00 am to 5:00 pm

Get your property deal reviewed while you still have leverage

Tell me about the property and where you are in escrow. I will tell you what needs attention first.

Your details go straight to Donald Schiffer. Most inquiries receive a reply the same business day. Prefer to talk now? Call (619) 699-4860.

San Diego County

Local counsel, on the ground where you do business

My office sits at 2366 Front Street in downtown San Diego, minutes from the county recorder, the courts, and most of the lenders and title companies my clients use. That proximity is not a marketing line. It means documents get signed, recorded, and closed without a week of shipping delays.

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Communities Served

Each community has its own page covering the local commercial corridors and the issues that come up there most often.