Posts by Jon Alan Enochs

If you are investing in real estate through a suspended LLC or corporation, this is a bad idea.   Imagine that you have identified a fantastic real estate investment opportunity, and you have the purchase of this real estate under contract. However, before you close escrow, the seller develops sellers’ remorse. The seller tells you that unless you substantially…

California legislators just passed a historic rent control bill, becoming one of a growing list of states to pass statewide rent control and other tenant protections.  The bill is expected to be signed into law by Governor Gavin Newsom, who supported its passage through the legislature.  Read on for details about the new law, and…

Real estate ownership and management can be complicated, particularly for elderly Americans.  California has several laws in place that specifically protect the elderly in property transactions in order to prevent unscrupulous parties from taking advantage by means of fraud or undue influence.  A recent criminal fraud case out of Los Angeles illustrates how a deceitful…

Flipping real estate, especially if you’re a relatively new investor, may entail purchasing a new property before the sale of a previous investment is complete. This may mean that funds critical to a new purchase are tied up but will soon become available. In these cases, some real estate investors opt to take out bridge…

As readers of this blog know, the regulatory requirements imposed by the California Environmental Quality Act (CEQA) can increase the cost, time, and overall difficulty of real estate development.  Any new exemption or other limitation on CEQA’s purview is a boon for real estate developers looking to limit cost.  The California Legislature recently enacted a…

Most landlords are familiar with the concept of a “holdover” tenant:  When a lease sets a specific term such as 12 months, then the term expires without the parties explicitly renewing or ending the lease, and the tenant continues to occupy the space and pay rent.  The lease generally continues under the same principal terms…

A California appellate court governing the city of Berkeley recently issued a decision favorable to developers looking for ways to get outside of the purview of the California Environmental Quality Act (CEQA).  As we have previously discussed, CEQA can pose a serious burden to real estate developers.  The law requires state and local agencies to…

Regulations can functionally destroy the value of a property.  Limiting buildings to a certain size or for certain uses, or denying permits to operate certain types of businesses or build buildings of a particular size in a given locale can render an otherwise promising plot of land worthless.  When the actions of regulators destroy the…

Local governments use zoning decisions to organize land use across cities.  The City and County of San Diego have zoning ordinances that establish which types of buildings and uses for buildings are permitted in various parts of the city, and investors need to be familiar with the zoning requirements in a given area before purchasing…