Landlord/Tenant (commercial and residential)

• Advises residential and commercial property owners and property management companies on all matters involving tenant relations and lease interpretations

• Landlord/Tenant litigation

• Draft, reviews and negotiates commercial leases

Representation of Builders, Developers and Realtors

Representation of Builders, Developers and Realtors including:

• Entity formation

• Contract and restrictive covenant drafting and interpretation

• Contract negotiation

• Litigation

Real Estate FAQs:

Is a “Feasibility Study Period” in a contract actually a “free look;” and is the contract enforceable?

• This is a potentially dangerous area. Most buyers believe that they can provide for a period of time to examine the feasibility of the real property before committing to the purchase. Such provisions usually provide that the earnest money will not become “hard” until after the time reserved for the “free look.” Therein lies the potential problem. It could be argued that the contract is not supported by “consideration” until the buyer’s earnest money is at risk. If the contract is not supported by consideration, it is not enforceable.

• I always counsel my clients to pay separate consideration for the feasibility period, or to state that some amount of the earnest money will be retained as consideration for the “look” and that the balance is refundable if the buyer elects not to purchase the property.

Can contingencies in a contract be waived?

• Yes, by the person for whom the contingencies are intended to benefit. A person should not rely on the fact that a contract contains contingencies that he or she controls as a means of retaining an “out.” Some people have felt that they could, at some point, notify the other party that the contingencies could not be met and thereby terminate the contract, only to have that other party waive the contingencies and bind him or her to the contract.

Must a contract for the purchase of real property be in writing?

• Yes, a Texas statute, The Statute of Frauds, requires any contract involving the sale of real property to be in writing and to have the subject real property clearly identified by an adequate “legal description,” including the county in which the property lies.

BUSINESS

Business Law with Emphasis on High-Tech Companies

Services include:

• Formation and continued representation of Business Entities

• Business Litigation (Plaintiff and Defense)

• Contract Drafting and Negotiation

• “Lawsuit Avoidance” Consultation

• Business Dispute Mediation (as Mediator and Advocate)

• Intellectual Properties (protection and litigation)

Business FAQs:

What are the criteria for selecting a Business Entity?

1. Shielding of Liability

2. Tax Structure

3. Duration of the Business Entity

What are the Benefits of a Corporation?

1. The ability to shield the owner(s) of the business from the liabilities of the company.

2. Possible tax savings because of the lower corporate rate or the ability to provide for “pass through” taxation through the formation of a sub-chapter “S” corporation.

3. The ability of the company to survive the death of the owner(s).

What are the Downsides of a Corporation?

1. The possible “piercing of the corporate veil” or “disregard of the entity.” This means that officers and directors of the corporation could become personally liable if the “corporate veil” is pierced.

2. The possibility of “double taxation.” This means that the corporation is taxed at the corporate tax rate and the individual shareholders are taxed on their personal income from the corporation, based upon their tax bracket.

3. Liability for State Franchise Taxes.

ASSOCIATIONS

Representation of Property Owners Associations

Services include:

• The organization of the entity

• The drafting of the Restrictive Covenants

• Consultation and representation of the Board of Directors

• The enforcement of the Restrictive Covenants

• Collection of “Fees” or “Dues” by litigation, if necessary

Representation of Apartment Industry Associations

• Served as Directory and Officer of the Austin Apartment Association

• Continues to serve as “of counsel” to the Board of Directors

• Authored a legal advice column for the Association periodical

• Advises and counsels Officers and Directors

• Advises on Association matters

Association FAQs:

Can a “Property Owners Association” be incorporated?

• Yes, and it should be incorporated as a “Non-Profit Corporation.” The cost is relatively small and it does provide some insulation from liability for the Officers and Directors.

Can I be sued if I volunteer to serve on the Board of Directors or am elected as an Officer of the Association?

Yes, even if you have done nothing to subject yourself to liability, you can be sued and forced to defend yourself. One should verify that the Association provides “errors and Omissions” insurance for the officers and directors, or that the By-Laws provide that the Association will indemnify its officers and directors and provide a defense in the event of a lawsuit. Anyone relying upon indemnification should be comfortable that the Association is adequately funded to meet any such costs of litigation.

MEDIATION

Charles Webb has Completed 100+ Hours of Mediation Training (Basic and Advanced)

He has successfully mediated cases involving:

• Disputes between partners

• Domestic matters

• Contract disputes

• Deceptive Trade Practices

• Real Estate

• Shareholder concerns

• Employer-Employee matters

• Commercial Leases

• Tenant concerns

• Intellectual Property

• Relationships

MEDIATION FAQs:

What is Mediation?

• Mediation is an informal process for the resolution of disputes.

What is the role of the Mediator?

• The Mediator is a third party facilitator whose function is to provide a safe environment for the expression of the concerns of the parties.

What is the goal of Mediation?

• The goal of the Mediation process is to reach a “win-win” resolution of the dispute while maintaining the relationship of the parties.

What are the main benefits of Mediation?

• A successful Mediation avoids the time, emotional and financial consequences of litigation.