PRACTICE AREAS

Contract Negotiation and Drafting

  • Collections
  • Shareholder/Partnership disputes
  • Small business formation
  • Trade secrets litigation
  • Unfair competition claims
  • Commercial lease negotiations
  • Eviction proceedings involving summary procedure
  • Declaratory judgment actions
  • Collection actions against personal guarantors of leases
  • Non-compete litigation

Business Transactions

The firm assists individuals and corporate clients in the acquisition of businesses, business opportunities, including real and personal property, from the evaluation and planning stages, through negotiations, and closing.  We assist our clients in structuring the transaction, including choosing the appropriate legal entity, whether a limited liability, corporation, general or limited partnership.  We prepare all of the necessary agreements, including asset purchase agreements, stock purchase agreements, confidentiality, non-complete, and exclusivity agreements, shareholder and partnership agreements, and any other agreements necessary to operate, manage, and expand your business.

Real Estate Transactions

The firm handles, guides, and represents its clients the initial offer and contract, through the final closing.  The firm offers the following services and its representation of its clients:

  • Purchase and SaleAgreements
  • Title Insurance
  • Real Estate Closings
  • Negotiation of early lease terminations
  • Commercial and Residential Leases

Real Estate Litigation

Real estate litigation requires understanding of ownership structures, financing alternatives, real estate rules and regulations, and the laws of shared transactions.  Our firm represents businesses and entrepreneurs in all areas of real estate litigation, from negotiation settlements, mediation, arbitration, trials, and appeals in all of the following areas:

  • Breach of contract claims
  • Commercial and residential evictions
  • Wrongful lock out and forcible detainer actions
  • Actions on option agreements and right of first refusal
  • Easements and encumbrance disputes
  • Construction and Mechanic Lien actions
  • Lease disputes
  • Litigation of Managing and Operating Agreements
  • Title disputes
  • Lien and ownership priority

Commercial and Residential Foreclosure Defense; Short Sales and Work-Outs and Bankruptcy

The housing market bust and the economic and financial meltdown that resulted has devastated businesses and families, many of whom are still struggling to pay their monthly expenses, including their mortgage. We understand that not only are you struggling to support your family and keep your job, or your business open, but that the constant barrage of collection calls and notices are worth the embarrassment, fear, and shame of Home foreclosure notices. We represent clients throughout the foreclosure process in assisting them in exploring the various options from modification, short sales, and when necessary, bankruptcy.

Bankruptcy

The banking and housing market meltdown resulting in plummeting market values, business closings, and high unemployment, and left many clients in overwhelming debt.  At Mario A. Garcia, P.A., we understand that many clients delay filing bankruptcy because they are embarrassed or ashamed; however, the United States Bankruptcy Code is designed to provide individuals and entrepreneurs an opportunity to discharge all of their debts, to start fresh with a clean slate.  Bankruptcy laws are designed to encourage entrepreneurship by permitting them to dream.  We represent individuals and companies, debtors and creditors, throughout the entire bankruptcy process.