Real Estate Contract Review

Owning your own business is a big thing. When you get to the point in your career where you can say that the business you work for is yours, then you have made it. However, there are a lot of things that you are going to have to consider before you get settled in.


First you need to do your homework. You will need to either rent or purchase an office space to work from. You want to make sure that the office space procured will actually work for your benefit. You will want to make sure that it is in a good location, and contains all of the different things that you will to need to successfully operate.


Next, you will need to know how much the office space is going to cost you and that you have enough money to properly operate and maintain such location.


Assuming you will be renting and not buying, you will become someone’s tenant. Before renting out space, you need to carefully review and understand all lease related documents. One thing that you can and should do, is contact someone who has extensive experience with such contracts. You are going to want to make sure that you completely understand what is in the contract you will be signing.


According to Rebecca Joshua on linked in,, in the table above, there is a process to the evaluation of a contract. You are going to want to make sure that you follow these steps when evaluating your own contract. If you have any doubts about what you are signing, or if you want to just make sure that you and your landlord are on the same page, contact Marc Simon—your Las Vegas real estate attorney—today.

Business and The Different Types There Are

If you are thinking about starting your own business, there are a lot of things you are going to want to consider. First, you want to consider what kind of business you want to own. In some cases that may be the most difficult part. However, once you know what you’re passionate about, you are on the right path.


Once you know what it is that you plan to be doing, you need to evaluate if you want to run it by yourself, or have one or more partners. Iowa State University,, shows us various types of business arrangements available.

It is also important to know what it is that you plan to do with your business, and thus determine what type of business entity you want to utilize. When setting up your business, dealing with a sole proprietorship, partnership, limited liability company or corporation may have serious tax and liability issues presented.

A sole proprietorship is owned by one person. In terms of liability, this means that there is unlimited liability upon that one person.

A partnership is when two or more people share ownership of the company. This also means that liability would be split between the different owners. Recognize also that liability issues may change depending upon whether a general or limited partnership is utilized.

In starting your own business, you are going to want to consult with an attorney. Many different kinds of documents and/or agreements are going to need to be completed.  Simon Law, LLC , your Las Vegas real estate attorney, can help you with these contract needs. Contact them today so that they can help you properly set up your business and avoid future potential problems.

Alternative Dispute Resolution

Litigation is expensive, stressful and time-consuming. In many cases, the disputes that lead to litigation may be resolved through alternative dispute resolution methods, such as mediation or arbitration.


Arbitration. In real estate arbitration, the parties submit their dispute to an agreed-upon neutral third-party. The arbitrator considers the presentation of evidence and makes a decision. The parties may decide in advance whether they want the arbitration decision to be binding or non-binding.  With a binding arbitration, the decision of the arbitrator is the final decision, and may be enforced by a subsequent court order. With a non-binding arbitration, the parties may continue to pursue litigation of the matter regardless of the arbitration decision.


Mediation.  In real estate mediation, a neutral third-party mediator facilitates a discussion between the parties in an attempt to reach a consensus and, ultimately, a mutually agreed upon resolution. In many situations, the specific contract requires mediation. Mediation is less formal than arbitration and the mediator does not make a decision—he or she simply assists the parties in communicating, understanding each others positions, and hopefully reaching an agreement.  Mediation is not binding.


Contact Marc Simon Law—your Las Vegas real estate attorney—today to discuss your real estate law needs!

Business Formation: What Type of Business Entity is Right for You?

When starting a business, you are faced with numerous decisions—location, hiring, marketing, etc. However, one of the most important decisions you will make, should be one of the first—what type of business should be used?

Sole proprietorship. This is the simplest to set up, but offers no asset protection to its owner.  A sole proprietorship is a business opened in one person’s name.

General partnership. As with sole proprietorships, general partnerships offer no protection of your personal assets. The primary difference between a sole proprietorship and a general partnership is the number of people involved. A general partnership involves at least two partners. While a written agreement is not required, it is recommended that you reduce your relationship and your respective responsibilities to writing.

Limited liability partnership. A limited liability partnership involves at least two people—one general partner and one limited partner. This is most commonly seen where one of the partners is a silent partner, or the money man, and the other partner runs and manages the business. The silent partner is protected from personal liability, but cannot participate in the daily operation of the business without running the risk of exposing himself to personal liability. The general partner is not protected from personal liability.

Corporation and Limited Liability Company.  Corporations and limited liability companies provide the largest amount of protection from personal liability. The business itself becomes an entity separate from its shareholders or members. The shareholders and members are generally not personally liable for the business debts. That said, unless the corporation or limited liability company are properly operated, personal liability still remains a possibility.

Contact Marc Simon Law—your Las Vegas real estate attorney—today to discuss your business formation needs!

Real Estate Disclosure Laws

Are you in the market to buy or sell Las Vegas real estate?  Whether you are a buyer or a seller, it is important for you to understand Nevada’s disclosure laws. For a buyer, this information may not only give you peace of mind, but also enlighten you as to your rights in the event something that should have been disclosed was not.  For a seller, it is important to know your disclosure obligations, to ensure you comply with them.

Nevada has some of the strongest disclosure laws in the country. Not only does the seller have obligations, but so does an HOA. Briefly, the seller has an obligation to notify the buyer of known defects affecting the quality of the property, HOAs must provide documentation detailing the state of the property, including the Information Statement Disclosing Homeowners’ Rights and Obligations form.

If a seller fails to fulfill his disclosure obligations, the buyer may have a right to cancel the purchase, receive a full return of their deposit, recover any legal fees incurred and/or recover money spent on repairs.

Contact Marc Simon Law—your Las Vegas real estate attorney—today to discuss your real estate law needs!

Residential Leases

In Las Vegas, a lot of people rent. Whether you are renting a house, a condominium or an apartment, you should have a residential lease agreement documenting the terms and conditions of your property rental. In fact, Nevada law requires it.


Keep in mind that, at a bare minimum, a residential lease should clearly address the following issues: (1) when the lease begins and ends; (2) when a landlord may enter the property; (3) when the rent is due; (4) who will maintain specific aspects of the property; (5) whether or not and what types of pets may be allowed; (6) what security deposit is required and what amounts may or may not be deducted from it at the end of the lease; and (7) if subletting is to be allowed and under what conditions.


At Marc Simon Law, we can go over your lease with you before you sign, make sure that you have the protections you need, and that you understand your rights and obligations under the agreement.


Contact Marc Simon Law—your Las Vegas real estate attorney—today to discuss your real estate law needs!

Commercial Leases

Nevada is a city full of businesses. Wherever you happen to be in the city, you are within minutes of a retail center or business park of some sort. Whatever type of business you may be a part of, there is a place in Las Vegas for it. However, once you find the perfect location, you will more than likely need to negotiate a lease. Bear in mind that the majority of consumer protection laws do not apply to commercial lease agreements. It is therefore important that your lease be designed to protect your interests.


At Marc Simon Law, we are able to: draft commercial leasing documents for you, review proposed documents that you may have received and advise you with respect to them; as well as negotiate leases for you and/or advise you as to your rights and obligations under a current lease. Keep in mind that, at a bare minimum, a commercial lease should include clear and unambiguous starting and ending dates, when the rent is due, if the lease is renewable, and who is responsible for specific types of property maintenance.


Contact Marc Simon Law—your Las Vegas real estate attorney—today to discuss your real estate law needs!

Mechanics Liens

Businesses in a service-industry run a risk every time that they perform a service—that they will not be paid. There are not many service industries where advance payment is required, and once a service has been performed it is not possible to retract it. Fortunately, Nevada law provides some protections for those who contribute materials or labor to a construction project to ensure payment.

The mechanics lien laws provide an alternative to litigation, but require extensive documentation to ensure that all parties are protected—both the service provider and the customer.  Some of the forms that may need to be filed are:

-Notice to Owner of Materials Supplied/Work Performed

-Notice of Nonresponsibility

-Discharge or Release of Lien

-Contractor’s Notice to Owner

-Surety Bond Form

-Notice of Extension of Lien

-Notice of Lien

-Notice of Intent to Lien

-Waiver and Release of Lien by Contractor

-Request for Notice of Completion

-Notice of Completion

-Contractor’s Affidavit of Payment to Subcontractors

If properly done, a mechanics lien can help ensure that you are protected in the event of nonpayment. Navigating this process can be overwhelming. Contact Simon Law—your Las Vegas real estate attorney—today to discuss your mechanics’ lien needs.

Landlord Business

If you are a landlord, then you have a lot of responsibility. You have a responsibility to your tenants to make sure that they are happy and have what they need. Before you have a tenant come and live on your property, you are going to want to make sure that you have a contract set up. Ambiguity is not your friend. When you are drafting a contract, you are bound to what is in the contract. That is why it is important to make sure that you have exactly what it is that you want. If there is ambiguity in the contract, then it goes to the person signing. Las Vegas real estate attorneys know about all of the laws involved in drafting contracts and what should and should not be in them. When it comes to your property, you do not want to leave anything to chance. You want to make sure that you have everything you need in order to ensure the security and safety of yourself and your home. You do not want to lose anything in the process, and it all starts with having a good attorney on your side and a solid contract that has been created for you.

Real Estate Attorneys

Las Vegas real estate attorneys practice in a big range of fields. They range from:

  • Arbitration and Mediation
  • Business Formation
  • Commercial/Residential Sales and Transactions
  • Commercial Leasing
  • Commercial Real Estate
  • Commercial Transactions
  • Deficiency Judgments
  • Disputes-Real Estate Licensees
  • Foreclosures
  • Landlord-Tennant Law
  • Mechanics Lien
  • Partition
  • Property Law
  • Real Estate Disclosure Laws
  • Real Estate Transactions
  • Residential Leasing
  • Residential Real Estate

If you are looking to get an attorney because you are having issues involving Real Estate, then Marc Simon and his firm are the ones for you. They have a vast knowledge in Real Estate law, and they know the best approach to help you. Their staff knows exactly what to do in order to help you with your issues and ease your mind of any problems that you may be having. If you are having issues with your property, then you are not going to want to leave that to chance. You should get help right away. You do not want to risk your home or property because you could not bring yourself to ask an attorney. Contact Marc Simon today so that you can get the help you need.