Articles and Resources - Bushore Church Real Estate

Why Use Bushore Real Estate

BlogrollChurch for Sale, Church Market, Church property, Church Real Estate, Church Real Estate Broker, Nonprofit Corporation, Property Management, religious property, Religious use, Tax Exemption

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. Over decades of carving out a name for ourselves amongst 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 and state tax-exempt […]

Incorrect Deeds

BlogrollAcceptance, Church Real Estate, Constructive Notice, Corporation, Deed, Escrow, Grant Deed, Grantor, Notary Public, Recording, title, Title Insurance, Vesting

As most people are familiar, a deed is used in the transferring of ownership in one piece of land to another. Fewer are aware of the effect the recording of a deed has on the property. Arguably, the transfer of title from one to another is not an exact science. The purpose here is to address deeds in which the owner of record is incorrect, usually in the manner in which the Grantee (owner) is named, i.e. such as the name of a corporation holding title/ownership. This article does not […]

Churches and For-Profit Tenants

BlogrollCalifornia Revenue And Taxation Code, Church Exemption, Church Real Estate, Landlord, Organizational Clearance Certificate, Property tax, Religious Exemption, Tenant, Welfare Exemption

It often becomes necessary for a church to seek out tenants in order to meet the financial needs of the congregation. Some are happy to open their doors to other churches, while other desire schools or other groups to make better use of their facilities. Regardless of the approach, the type of tenant sought after can make a world of difference regarding your property taxes, especially if the tenant is a for-profit organization. The following is a brief overview and the proper professional should be consulted as the laws in […]

Residential and Commercial Eviction Limitations and Moratoriums During the COVID-19

BlogrollChurch Real Estate, COVID, Eviction, Executive Order N-33-20, Failure To Pay Rent, Landlord, Notice To Quit, Tenant, Unlawful Detainer

The following information was provided by the California Business, Consumer Services, and Housing Agency. This guidance is directed to landlords regarding eviction of tenants during the COVID-19 pandemic and to local jurisdictions considering instituting restrictions or moratoriums on residential or commercial evictions as a means of offering relief to individuals or business affected by the pandemic. Background: COVID-19 is a respiratory illness caused by a novel virus that has been spreading worldwide. Community-acquired cases have now been confirmed in California. We are gaining more understanding of COVID-19’s epidemiology, clinical course, […]

Commercial Property Disclosures

BlogrollAs-Is, California Civil Code §3343, Church Real Estate, Contingency, Defect, Disclosure, Failure To Disclose, Hazard, Latent Defect, Marketability, Material Facts, Property Inspection, Property Value, Transfer Disclosure Statement

First and foremost, to know which disclosures apply, we must define the difference between residential and commercial real property in California. Although most municipalities define the different types of properties in their zoning code, the general definitions used are essentially the same. Residential properties are generally those with one to four dwelling units, such as a single-family house or duplex. Although there are some nuances for mobile homes, and vacant land, for purposes of this article, commercial property is everything that is not residential property, including residential property consisting of […]

Overhanging Trees

BlogrollChurch Real Estate, Debris, Nuisance, Overgrown Tree, Premises Liability, Property Line, Trespass

Trees located on or near property boundaries may not cause a problem when they are small. However, as they grow, tree branches, trunks, and roots can encroach upon or across your property. Although the common theory is that you can trim your neighbor’s tree branches back to the property line, that right is not absolute. For purposes of this article, it is helpful to have a basic understanding of tree ownership. The California Civil Code states that “trees whose trunks stand wholly upon the land of one owner belong exclusively […]

What is a Power of Attorney

BlogrollAgent, Attorney-In-Fact, Church Real Estate, Durable Power Of Attorney, Fiduciary, General Agent, Limited Power Of Attorney, Power Of Attorney, Principal, Scope Of Authority, Special Agent, Utmost Care

Although many have heard the term, it is important to understand what a power of attorney is. A power of attorney is important and comes in many different forms as part of estate planning. Understanding the limitations of each and how power of attorney best fits your needs now and in the future is vital. Defined: The California Probate Code Section sets forth the different types and limitations of a power of attorney. At its core, a Power of Attorney allows you to appoint an “attorney-in-fact” or agent, to act […]

Principal and Agent

BlogrollAgent, Church Real Estate, Fiduciary, General Agent, Principal, Scope Of Authority, Special Agent, Third Party Liability, Utmost Care

More often than not, a member of your congregation will volunteer to act on behalf of the church to complete a task. In doing so, a fine line is drawn with regard to that person’s responsibilities and liabilities. In the contractual sense, that volunteer may have curtain expressed or implied authority to act on behalf of the church (the principal), as its agent. In General: According to the California Civil Code, “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called […]

Church Security

BlogrollCalifornia State Nonprofit Security Grant Program, Church Real Estate, Church Shooting, Church Violence, Concealed Carry, Lockdown, Security, Soft Target

Over the past few years, there has been an alarming number of shootings conducted by those who wish to cause harm to others for one reason or another. In our current environment, churches must balance the open-door concept with that of a watchful eye on who is entering their facilities. Second only to spreading your beliefs to those who wish to learn, your church should take steps towards protecting those in attendance via security measures. Every member and volunteer has a role to play in the security of your church. […]

Community Property

BlogrollCalifornia Family Code §852, Church Real Estate, Commingling, Community Property, Dissolution Of Marriage, Family Code §760, Prenuptial Agreement, Separate Property, Transmutation, Wills And Trust

After attending church Council meetings or services, I am often approached and asked questions by individual members. Other than general real estate concerns, the majority of the questions are in the area of estate planning, (Wills and Trust) and how they relate to community property. Although some get the concept of what community property is, when it gets down to it, they really don’t understand how it works and its effects on their estate. What follows is a brief overview of community property, which is the rule of the land […]