Purchase & Sale of Residential/Commercial Agreement

San Diego Real Estate Purchase and Sale Attorneys

Khashayar Law Group represents buyers, sellers, investors, and developers in California residential and commercial real estate transactions. A real estate transaction is most often the largest single transaction an individual or business will sign, and the legal structure determines tax outcomes, post-closing liability, contingency rights, and litigation exposure. The firm structures transactions with the trial perspective most transactional attorneys lack.

Common California Real Estate Transaction Engagements

Typical engagements include:

• Residential purchase agreements — including drafting and negotiating California Association of Realtors (C.A.R.) forms or custom agreements.
• Commercial purchase agreements — single-asset and portfolio transactions, including 1031-exchange structuring.
• Due diligence coordination — title review, environmental, zoning, lease estoppel, and physical inspections.
• Escrow disputes — including disputes over earnest money, contingency removal, and closing timing.
• Seller disclosure obligations — under California Civil Code §§1102 et seq. (residential) and common law (commercial).
• Post-closing claims — undisclosed defects, misrepresentation, title disputes, easement disputes.
• 1031 like-kind exchange structuring and qualified-intermediary coordination.
• Lease negotiations — commercial and residential.

Why Litigation Perspective Strengthens Transactional Drafting

Most real estate litigation arises from ambiguity in the underlying transaction documents — vague contingencies, weak representations and warranties, unclear disclosure obligations, and indemnification provisions that fail when tested. The firm's litigation experience informs every drafting decision. Provisions are tested against the disputes they are most likely to face.

How Khashayar Law Group Handles These Matters

Khashayar Law Group approaches every matter with the same trial-ready discipline that produced over $165 million in recoveries firm-wide. Daryoosh Khashayar has tried cases before juries, before judges, and before the California Court of Appeal, where he has secured multiple reversals of Superior Court rulings. He has litigated against major insurers including GEICO and Progressive, and against large corporations including Walmart and Costco.

ABOTA Membership and What It Means for Clients

Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization for attorneys with exceptional verified civil jury trial experience and judicial recommendations. The firm has recovered more than $165 million for clients and prepares every matter — transactional or litigated — with the trial-readiness corporate counterparties respect.

Frequently Asked Questions

What disclosures does a California residential seller have to make?

Under California Civil Code §§1102 et seq., residential sellers must provide a Transfer Disclosure Statement (TDS) and a Natural Hazard Disclosure (NHD). Additional disclosures apply for items including lead-based paint (federal), megan's-law database (Civil Code §2079.10a), and mold. Commercial sellers have no statutory disclosure equivalent but face common-law fraud exposure for known undisclosed material defects.

How long do I have to sue for undisclosed defects after a California real estate purchase?

Two years from discovery for personal-injury claims arising from defects; three years from discovery for fraud (CCP §338(d)); four years from breach for breach-of-contract claims (CCP §337). Latent-defect statutes of repose may also apply under §337.15.

What is a 1031 like-kind exchange?

A tax-deferral structure under IRC §1031 that allows a taxpayer to defer capital gains tax by reinvesting proceeds from the sale of investment real property into qualifying replacement property. Strict timing applies — 45 days to identify replacement property and 180 days to close.

What is the statute of limitations for breach of a real estate purchase agreement?

Four years from breach for a written contract under California Code of Civil Procedure §337.

Are real estate arbitration clauses enforceable in California?

Often yes — California Association of Realtors purchase agreements include an optional arbitration clause that becomes binding if initialed. Enforcement is governed by California Code of Civil Procedure §1281 and the Federal Arbitration Act, subject to unconscionability review.

Talk to a San Diego Real Estate Attorney

Khashayar Law Group serves clients throughout San Diego and California. Consultations are free and confidential. Call (858) 509-1550 or visit our office at 1350 Columbia St., Suite 303, San Diego, CA 92101.