“Panoramic view,” “expansive view,” “scenic view”—these are all common descriptions used to market highly coveted view property. A great view can substantially increase the desirability and value of a property, with view properties often selling for hundreds of thousands of dollars more than neighboring properties of comparable square footage without views. Developers also routinely charge substantially more for premium lots with views in new developments. In most cases, however, the property owner’s view is not protected and, accordingly, buyers unwittingly pay a hefty surcharge for something that can be taken away without recourse.”
May 22, 2018
San Diego County Bar Association, San Francisco Bar Association, Scientific Association of Forensic Examiners
A legal education seminar covering expert reports, motions in limine, federal and state expert disclosure, exchange and report requirements as well as litigation tactics at each stage in the process. The program further discussed the seminal Daubert/Sargon decisions as well as how to attack and how to defend an expert’s report and opinions.
The Ponist Law Group represented an elderly client in an arbitration in connection with the purchase of a business and asserted claims for breach of contract, rescission, fraud/misrepresentation and financial elder abuse. Following a multi-week arbitration proceeding, the Ponist Law Group was able to reach a favorable resolution on behalf of our client.
Nov 9, 2017 Lorman
“Rescission is one of the most powerful remedies available to a party who has suffered damages resulting from breach of contract or fraud. Rescission is one of the few remedies which allows parties to truly be restored to their respective positions before the alleged harm. In this practical seminar, attendees learned how to effectively assert, and defend against, this forceful weapon.”
San Francisco Bar Association, May 18, 2016
A legal education seminar examining common practices of agents, brokers, attorneys and investors unthinkingly do as a matter of course and the associated pitfalls of such practices.
Presenter, San Diego County Bar Association (September 28, 2015)
A legal education seminar analyzing commercial leasing issues from the start of a transaction through the completion of the transaction and beyond into litigation.
In the matter of WA Southwest 2, LLC v. First American Title Ins. Co. (2015) 240 Cal.App.4th 148, investors in a real estate deal alleged that their broker had made material misrepresentations and committed fraud. Specifically, the investors alleged that their broker had represented that the property had been subjected to a thorough due diligence review and that the sales load would be less than 10%. According to the investors, however, this was not true. Rather, the actual sales load was purportedly in excess of 20%.
Putting aside the alleged oral representations, the court noted that a written Offering Memorandum provided to the investors had indicated that the sales load exceeded 10%. Thus, the court held that the inconsistency between the Offering Memorandum and the alleged oral representations of the broker put the investors on notice of a falsity and that the investors had a duty to inquiry thereafter. The investors failure to inquire was not only in breach of their obligations, but also started the running of the statute of
limitations on any claims by the investors. As the investors failed to timely bring suit against their broker based on the time of the receipt of the Offering Memorandum, the court concluded that their claims were barred by the statute of limitations and the case was dismissed.
Presenter, San Francisco Bar Association, Sep 16, 2015
Presenter, a legal education seminar covering key rules of construction of real estate and legal documents, including lease agreements, grant deeds, agreements with public entities, deeds of trust, and other real estate contracts.
Presenter, San Diego and San Francisco, County Bar Associations (May 28, 2014 and September 16, 2014)
A legal education seminar which looked at the duties and obligations of commercial real estate agents and brokers who, unlike their residential counterparts, are not presently bound by strict statutory requirements.
- The Keys To The House: Unraveling Equitable Remedies In Real Property Transaction (Part 2 of 2) May 5, 2019
- Sean Ponist is Scheduled to Speak at the Litigation Counsel of America 2019 Spring Conference April 29, 2019
- The Keys To The House: Unraveling Damages In Real Property Sales (Part 1 of 2) April 13, 2019
- Attorney Schneider authors article published in the Daily Journal entitled “Do you have a fundamental right to a view in California?” November 1, 2018
- The Ponist Law Group Obtains a Dismissal of the Action Based on the Pleadings and Judgment in Client’s Favor August 23, 2018
- NBA Appellate Opinion June 13, 2018
- In a Published Decision, Attorneys Ponist and Yockelson Secure Right to Jury Trial for Businesses in BP 17200/17500 Civil Enforcement Actions June 13, 2018
- How to Keep Your Expert In and Keep Their Expert Out May 22, 2018