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Gerald, Esq
Gerald, Esq, Lawyer
Category: CA Real Estate
Satisfied Customers: 4078
Experience:  30 years of experience
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I own a commercial property in CA with a partner equal share

Customer Question

I own a commercial property in CA with a partner equal share to property. My partner operates and owns a business on the lower floor of the property. There is a commercial lease aggreement between us. He will acuppy the entire property and pay me a certain amount each month. One year ago he has been going through financial trouble. So I extended his payments and have been patient with him. Until it was time for him to pay me what he had owed the check returned as insufficient funds. That's when I filed a Unlawful detainer to evict him which my second lawyer advised me that was not the right way to do it. So later on my partner that owes me money filed for a Quiet title claim just to stall time and waste more money. Long story short my partner wants to sell me his share of the property which will than make me the full owner of the property, And he wants me to execute a new lease aggreement. The late past rent and my attorney fees will be deducted from the Sale price. The only problem is my lawyer does not want to go with this aggreement. She wants to proceed with the eviction case and Quiet title Case. Why doesn't my lawyer want to aggree with the settlement? P.s My real estate partner also wants to withdraw from the case that he claimed
Submitted: 11 months ago.
Category: CA Real Estate
Expert:  Gerald, Esq replied 11 months ago.

Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 11 months ago.


Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Your question: "Why doesn't my lawyer want to agree with the settlement?" Can not be answered based on the information that you have provided and I can not speculate on her motives. BUT she works for you and if she will not work with you to prepare the settlement agreement you may need to seek new counsel.

Generally, I am reluctant to second guess the attorney on the ground handling the case. Perhaps she believes you can get a better result by following through on the litigation.

BUT this is a business decision and a personal decision for you to make. Personally, I prefer to work out creative win-win solutions that enable me to control the outcome rather than rely of the decision of a third party (judge). So if you believe that this decision works for you then you have the absolute right to insist on the settlement.

Don't forget, once you settle the matter the property will be completely yours. If it becomes necessary to pursue eviction again you will be free to pursue that without the partnership/ownership issue being in the way.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,