Blog

Digital Signatures

First and Foremost, the use or acceptance of a digital signature shall be at the option of the parties. Under California law, certain types of contracts must be in writing in order to be enforceable. As per the Statute of Frauds and codified by California Civil Code §1624, the following must be in writing and signed by the party to be charged: (i) a contract involving the sale of goods $500 or more; (ii) consideration of marriage; (iii)  Contracts by the executor of a will to pay a debt of […]

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Restricted Donations

Churches, like all nonprofit organizations, rely upon monetary donations in order to carry out their basic functions. In particular, it is these donations that enable the church to literally keep its lights on. Similar to the article about members taking deductions for the donations they contribute; this article focuses on what the church may do with the funds it receives. Please note that this article does not address fundraising through Bingo or Raffles. Unrestricted Funds:  In most instances, a member simply donates funds to be used towards the general operations […]

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Removing Fixtures – from a church or otherwise

Tenants love to improve the facilities they rent by either painting the walls, installing new carpet, or mounting a video projector and screen for their Sunday service, or otherwise. In most instances, the landlord church has no problem with these improvements. The trouble however, arises at the end of the rental term when the tenant wants to remove their expensive video projector, but the landlord wants it to remain as a fixture attached to the property. If the rental agreement in silent in this regard, who gets the projector and […]

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Real Property Fraud

The information below pertains only to real property as opposed to personal property. As a property owner, you should be diligent in regard to your property and finances. What follows is important information provided by the FB Wire Fraud: All parties to a real estate transaction are potential targets of wire fraud and may lose hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, it is strongly […]

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Church Financing

Some churches belong to large denominations and have access to funds that are lent through Foundations, Endowments, or other types of funding sources. Regardless of its membership, most churches find it extremely difficult to obtain financing from standard banking institutions. This is generally because most standard banks considering church loans to be too risky based solely on the fact that the loan is based on either the stated income or the equity in their real property, if available. Private Mortgage Companies: Private mortgage type companies, or private lenders, (sometimes referred […]

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Why Use Bushore Real Estate

We are a father and son California nonprofit and church Real Estate team with offices in northern and southern California. We specialize in nearly all matters concerning Church Real Estate, including religious, nonprofit and tax-exempt organizations. As a result of decades of carving out a name for ourselves among church groups, we found a niche with locating and/or uniting church property buyers, sellers, landlords, and tenants. Along the way, our skills have been fine-tuned covering all aspects of forming, maintaining, merging and dissolving nonprofit organizations and the establishment of federal […]

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Creating a Prescriptive Easement

All too often, a church neighbor will ask if they can install a gate between their property and that of the church parking lot so they can access their property for one thing or another, such as parking a boat or RV in their back yard. Most often however, the general public will use the church property as a “short-cut” when walking from one place or another. This article focuses on the later of the two and the possible creation of an easement. Easements: At its root, an easement is […]

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CLOUDS ON TITLE (OWNERSHIP) TO REAL PROPERTY

Real Property values will always fluctuate over time, but the one that is often overlooked is the marketability of the Property.  Every contract for the conveyance of Real Property contains an implied warranty that the Title will be delivered reasonably free from doubt of hazards to litigation either in fact or law. Although Title need not be perfect, it must not expose the reasonable buyer to the hazards of litigation. One sure way to inhibit your ability to sell your Property is to allow a cloud on the Title to […]

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Security Deposits

Unlike residential security deposits, commercial deposits held to secure a rental agreement can be negotiated between the parties. The laws governing residential property and the handling of security deposits are long and tedious. Commercial tenancies however are much more negotiable in that the parties may mutually agree on any amount to be designated as security. Security Deposit: California Civil Code Section 1950.7 establishes that a commercial landlord may use a security deposit to remedy monetary defaults, to repair damages to the premises caused by a tenant, and to clean the […]

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General Liability Insurance

Nearly all agreements which involve the use of real property require liability insurance in one form or another. Once we get through the general terms of use, most of the questions I receive come in the area of insurance. Insurance requirements are often the most misunderstood and over-looked areas of real property. What follows is a simplified explanation intended to answer to most-often asked questions relating to real property. Insurance Requirements: The simple truth is that requiring a tenant or other user of your property to have insurance serves the […]

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