Blog

ABANDONED PERSONAL PROPERTY

On occasion, a church tenant will vacate the property, (Real Property), either at the end of the rental term or otherwise and leave some of their personal property behind. In most instances, those items are simply forgotten and later collected after being noticed. However, a tenant will often leave behind their personal property simply because they no longer want it. The question then becomes, what to do with the personal property of a commercial type tenant. Personal Property: The California Civil Code simply defines personal property as “every kind of […]

Read More

EVICTING CHURCH TENANTS

Unfortunately, it sometimes becomes necessary to evict a church tenant. This may result from failing to pay rent, or otherwise not abiding by the terms and conditions of the agreement. Regardless of the reason, the steps for a contested or necessary eviction are the same and must be followed precisely. An eviction or Unlawful Detainer of a church tenant follows the statutes set forth for a commercial tenancy which varies greatly from that of a residential tenancy. Please note that in California, it is the Sheriff’s department that does the […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More