- Divorce
- DUI/DWI
- Money LaunderingLegal and regulatory compliance data as required for purposes such as know your client, anti-money laundering, and market abuse regulations requirements, or as part of our client onboarding process, which may include passport or other identification data, date of birth, home address, and other due diligence data.
- Corporate LawBusiness law often involves forming contracts, buying and selling businesses, and handling competition. The interests of business owners and managers or shareholders and members may need to be protected by written agreements. These agreements may be internal, as with shareholder agreements, or external with other individuals and businesses. Carefully drafting the language of an agreement is vital to avoid disputes down the road. In order to be valid, a contract needs to include an offer and acceptance by the parties, an exchange of promises, and sufficiently definite terms. Entity Formation
- Business FormationAt the Law Offices of James J. Falcone, we have substantial experience counseling clients on business formation and transactions. Sacramento real estate attorney James J. Falcone also represents buyers and sellers in complex property transactions. When litigation is appropriate, we have the experience to aggressively advocate for our clients' positions in court. Real Estate
- Business DisputesIn California, an offer to purchase real property can be revoked by the person making the offer at any time before the offer is accepted by the other party. An option agreement is an independent contract with its own consideration, and it allows the parties to agree that the offer will stay open and irrevocable for a particular period of time. The potential buyer pays option consideration in order to be able to use the option to buy sometime in the future. If the option holder does not exercise his or her option, the seller can keep the option consideration in exchange for having kept the offer open for a specified time period. A real estate lawyer in Sacramento can draft or review an option agreement to make sure that a client’s interests are protected. Business Law
- Business TransactionsWe help business owners and managers find creative answers quickly. The firm provides guidance and acts as a resource for facilitating commercial transactions including the purchase and sale of business assets and equipment, purchase and sale of existing business, leases of equipment and commercial real property. We advise clients as to strategies and specific language to clarify potential issues and prevent problems. We form business entities for our clients, helping them sift through the various forms of corporations, LLCs, partnerships, and limited partnerships to help you decide which is right for your business. When the time comes to close the deal, the process is smooth and without surprises.
- Limited Liability CompaniesOnce you have decided to start a business, you must choose the type of business entity to form. Considerations can include tax and liability, as well as the concerns of directors and owners. There may be separate federal and state requirements regarding a certain type of entity. Structures include corporations, limited liability companies, general partnerships, limited partnerships, and limited liability companies. Certain entities, such as corporations, require greater planning and formalities. Business Purchase and Sale Agreements
- Construction ContractsWe represent clients in real estate transactions, commercial lease agreements, landlord-tenant disputes, quiet title actions, boundary disputes, partition actions, leases, construction contracts, easement disputes, and other matters. Whether you are a buyer, seller, landlord, or tenant, retaining an experienced attorney to draft and negotiate real estate or lease agreements can help minimize the possibility of expensive litigation down the road.
- Intellectual Property
- Non-compete Agreement
- Real Estate LitigationFor over 30 years, James J. Falcone has provided the highest-quality legal services to businesses and individuals who need a Sacramento real estate lawyer or representation in a business matter. The Law Offices of James J. Falcone combines extensive hands-on experience with an in-depth knowledge of California law. We strive to provide practical advice, drafting, negotiation, and litigation services that are cost-effective for our clients. Real Estate Law
- Construction LitigationOur client entered a 332,000 construction contract with a contractor to build a restaurant in leased premises. A dispute arose, and the contractor recorded a mechanic's lien for 209,000, sixty thousand more than the actual value of the work done. We obtained a court order forfeiting the lien for willfully overstating its value, and had the client's lien release bond exonerated.
- Real Estate TransactionsReal estate purchase and sale agreements are vital to successful transactions. An experienced Sacramento real estate attorney can negotiate terms and conditions for the sale or purchase. Among the issues that may need to be negotiated are real estate contingencies. Real estate contingencies are parts of a real estate contract that determine what happens if some aspect of the deal does not go through. They can provide a buyer with an escape hatch, for example, that allows the buyer to get out of the contract for a specific period during escrow without being penalized. Another contingency that may need to be included is a contingency that the buyer must sell his or her home first, before buying the seller’s property. Another standard clause that may be included in a real estate purchase and sale agreement would allow a buyer 17 days to do due diligence before removing buyer contingencies. Leases
- Easement
- Land Use and ZoningAfter working with a real estate and land use law firm, Mr. Falcone launched his law firm in 1991 with a focus on real estate and business transactions and disputes. Prior to attending law school, Mr. Falcone was a Forester with the U.S. Forest Service in Northern California, as well as working with the Bureau of Land Management and the USDA - ASCS Aerial Photography Field Office.
- Landlord-Tenant DisputesAlthough parties have a lot of leeway to bargain with each other, there are certain provisions in some types of agreements that are considered unconscionable and will not be upheld in California. For example, in a landlord-tenant agreement, a landlord cannot require a tenant to waive certain rights, such as the right to assert the defense of retaliatory eviction or the right to habitability. Consult a Real Estate, Litigation, and Business Law Attorney in Sacramento
- Personal InjuryWe do Real Estate & Business Law. We don’t do Wills, Divorces, DUIs, Immigration, or Personal Injury - we focus on Real Estate & Business and that’s it. If your situation does not fit our area of expertise, we do not hesitate to tell you, and can refer you to an appropriate attorney who is better suited to you.
- Wills
- Bankruptcy
- ForeclosureWhether they involve residential or commercial property, real estate transactions may necessitate a review of purchase and sale agreements, lease or rental agreements, easements, and title issues, among other matters. We represent both commercial clients and individuals in all proceedings and transactions that deal with real property — land and the structures attached to it — including purchase and sale, construction, mortgages and foreclosures, refinancings, leases, zoning, title examinations, quiet title actions, closings and management. Careful preparation going into a transaction can avoid surprises and bumps in the road. For many people, the most expensive deal that they will ever make involves buying their home. California permits some practices in residential real estate transactions that are different from practices in other states. For example, in California, the buyer and the seller need not attend a closing or settlement. Instead, these acts can occur at the title or escrow company in the absence of their physical presence. Partitions
- Debt CollectionIn some cases, litigation in state or federal court is unavoidable. Some common types of actions include breach of contract, partnership and shareholder disputes, debt collection, title disputes, broker liability, boundary disputes, rent collection, foreclosure, and easement disputes.