Business, Contract, & Real Estate Law
Business & Contract Litigation
When real people enter into a business transaction, all parties intend that the relationship be a winner for all. In some circumstances, though, things can change. The economy, outside influence, and attitude changes can cause a business relationship to go wrong. At DeMeo DeMeo & West we are sensitive to the desire to resolve the problem without litigation. However, when the attempt to reconcile the business relationship has failed, and litigation is necessary, we represent our clients aggressively. We prepare for trial with an attitude of winning. In the spirit of reconciling differences, we recognize that sometimes success is realized by a settlement favorable to our client. We know that preparation is the key and provides a foundation to establish our client’s case so that if settlement is achievable, we are in the best negotiating position.
We represent small businesses and large businesses in complex cases, business torts, commercial and contract disputes, employment disputes, wrongful termination, harassment cases, first- and third party insurance coverage, real estate, products liability, mechanic’s liens, UCC litigation and creditor rights.
Non-Profit Organizations
We are fortunate to live in Sonoma County where charitable organizations are forming and thriving. Whether you are looking to form a private foundation as part of your estate plan or a new non-profit corporation to further your charitable cause, the attorneys at DeMeo DeMeo & West can help you achieve your philanthropic goals.
Obtaining and keeping your tax exempt status is one of the key elements of a non-profit organization. Income earned and donations received by the organization may be exempt from certain taxes if the organization meets the IRS and State Franchise Tax Board’s requirements. The daunting task of obtaining the exemption status may be simplified with our advice and guidance.
The attorneys at DeMeo DeMeo & West will guide you through the following steps to forming and maintaining a non-profit organization:
- Charitable Purpose: The first step to forming a private foundation or other non-profit organization is determining what the organization’s charitable purpose will be and whether this charitable purpose will qualify the organization for tax exempt status.
- Formation of Business Entity: Once a qualifying charitable purpose is identified, the next step is determining what form of business entity, e.g. corporation or trust, will best suit the needs of your organization. The corporation format is the more common method. A group will need to take steps to incorporate their proposed company.
- Tax Exempt Status: The next and perhaps most difficult step is the tax exemption application process. There are two lengthy forms (IRS 1023 and FTB 3500) submitted in connection with the organization’s request for tax exempt status. If approved, both the IRS and Franchise Tax Board will issue notifications of their approval of the applications. Additionally there are other registration requirements, such as registering with the California Department of Justice – Attorney General’s office.
- Compliance: Compliance is the process of maintaining your organization’s tax exempt status by ensuring that the activities conducted by the organization are in compliance with the applicable Federal and California State laws. This is a critical component to a tax-exempt organization in that failure to be in compliance will not only disqualify the organization from tax exemption, it may result in the issuing of penalties and interest from both the IRS and State Franchise Tax Board. We can help your organization create a comprehensive compliance program that will help ensure the retention of your tax exempt status.
As a property owner, you may encounter a variety of challenges. Whether it involves the review of a lease or sales agreement, a dispute with a neighbor, or the discovery of a hazardous material on your property, the need to retain an attorney is often essential to resolving your matter.
Real Estate Law
The attorneys at DeMeo DeMeo & West represent clients in a large variety of real estate matters, including:
- Real Estate Contract Disputes
- Actions Involving Title
- Purchase and Sale Agreements
- Option Agreement and Disputes Involving Option Agreements
- Disputes Between Adjoining Landowners
- Environmental Hazard Liability
- Conservation Easements
- Disputes involving Title Insurance
- Commercial Leasing
At DeMeo DeMeo & West we are sensitive to the desire to fix real estate disputes without litigation. However, when attempts to resolve the issues have failed and litigation is necessary, we represent our clients aggressively. In the spirit of reconciling differences, we also recognize that sometimes success is realized by a settlement favorable to our client. We know that preparation is the key and we work hard to prepare and investigate our client’s case so that if settlement is achievable, we are in the best negotiating position.
Wine Law
We are privileged to practice law in the heart of the Wine Country. Some of our attorneys are owners of vineyards, and as such, the attorneys at DeMeo DeMeo & West understand the issues that growers and wineries encounter.
Our Wine Law practice covers, in part, the following issues:
- Land Use
- County/City Ordinance and Code Compliance
- Environmental Issues
- Neighbor Disputes
- Water Rights
- Easements
- Applications to Government Agencies
- Grower Contracts
- Buy-Sell Agreements
- Leasing
