“Acquiring, managing and preserving real property.”
Real Estate Law
Scherer Smith & Kenny LLP provides counsel on a wide range of fields relating to real estate purchases, leasing, landlord/tenant issues, transfers, and ownership. In addition to isolated or individual transactions, Scherer Smith & Kenny LLP represents on a continuing basis real estate brokerages and property management firms and dozens of common interest developments, including high-rise stock cooperatives, condominium associations, and homeowners’ associations.
Common Interest Developments
Scherer Smith & Kenny LLP has represented common interest developments (“CIDs”) throughout California in the broadest range of issues since the firm’s establishment. The firm provides objective, sound, and practical advice aimed at limiting disagreement among our clients’ members, permitting our clients to be cohesive, focused organizations. We pride ourselves on the personal relationships we build with our CID clients.
Scherer Smith & Kenny LLP counsels CIDs, mediates disputes between the associations and homeowners, revises and updates governing documents, oversees legal issues in connection with capital improvements and repairs, and carries out property transfers. We also handle disputes and litigation that might arise between CIDs and third parties, including employment and union grievances, as well as foreclosures and construction defect matters.
Real Estate Brokerages; Property Management Firms
Scherer Smith & Kenny LLP represents real estate brokerages and property management firms in connection with their services, employment obligations, and continuing compliance with California’s Business & Professions Code and the regulations and policies of California’s Department of Real Estate.
San Francisco Tenancy-In-Common Purchases
Scherer Smith & Kenny LLP shepherds owners through the sometimes confusing and lengthy process of purchasing buildings as tenants-in-common, obtaining financing, confirming the availability of a mortgage deduction for all owners, drafting the tenancy-in-common agreement and ultimately converting the building to condominiums.
Scherer Smith & Kenny LLP also engages in dispute resolution among tenants-in-common, whether they may arise by virtue of defaulting on mortgage payments, failing to abide by the building rules, attempting to sell a unit outside the terms of the TIC Agreement, or otherwise.
Commercial and Residential Leases
Scherer Smith & Kenny LLP represents both landlords and tenants in connection with the negotiation of residential and commercial leases. We help our clients identify issues that require resolution before the lease is signed and those that do not impact materially on the tenancy to be formed.
Unlawful Detainer; San Francisco Rent Control; Ellis Act
Scherer Smith & Kenny LLP understands eviction law and procedures throughout the San Francisco Bay Area, including specific knowledge of the rules and regulations of San Francisco’s rent control ordinance, one of the nation’s toughest and most confusing tenancy laws.
When appropriate, Scherer Smith & Kenny LLP initiates negotiations between our clients and their opposing parties to achieve quicker and cheaper settlements.
Scherer Smith & Kenny LLP also counsels its clients on the terms and effects of California’s Ellis Act, which permits the eviction of tenants largely outside of the restrictions of San Francisco’s rent control ordinance. We are available to discuss both the positive and negative ramifications of this unique state law.
Purchases and Sales of Real Property
Scherer Smith & Kenny LLP assists our clients in transferring real property throughout California and in other states, working to make sure that clear title is passed, financing is in place, contingencies are satisfied, and no contingent liabilities remain to be discovered after the closing.