Navigating Real Estate Law: Residential vs. Commercial Insights with Attorney Ashley Feuerman

Understanding the legal aspects of real estate is essential for everyone—from first-time buyers to seasoned investors. Both residential and commercial transactions come with unique challenges and opportunities. And, being informed about potential legal pitfalls can save time, money, and stress.

On a recent episode of my podcast, I had the pleasure of sitting down with Ashley Feuerman, a real estate attorney based in San Diego, California. Ashley brought a wealth of knowledge to the table, offering insights into both residential and commercial real estate law.

Watch the entire podcast episode here.

Let’s dive into the key points Ashley shared and why they matter for anyone involved in real estate.

Ashley Feuerman’s Path to Becoming a Real Estate Attorney

Ashley’s career path is both inspiring and unique. From the age of eight, she knew she wanted to be an attorney.

She initially pursued sports law, driven by a desire to work with athletes. However, as her interests shifted, she found herself drawn to real estate law. Her transition wasn’t just a career pivot—it was a strategic move to work with high-net-worth individuals who often invest in real estate.

Today, Ashley specializes in commercial real estate transactions, representing clients across a variety of industries. Her journey is a testament to how passion and adaptability can lead to a fulfilling career.

Ashley’s Key Insights into Residential and Commercial Real Estate Law

Ashley’s expertise shines in her ability to break down the challenges and trends in both residential and commercial real estate.

Challenges in Residential Real Estate Transactions

Residential transactions may seem straightforward, but they can quickly become complicated. Ashley highlighted several common issues:

• Dual Agency Conflicts: Miscommunication often arises when one agent represents both the buyer and seller. Ashley and I both agree that dual agency can be problematic. Personally, I believe it shouldn’t even be legal. Representing both parties compromises the fiduciary duty an agent owes to their client.

• Undisclosed Solar Lease Agreements: This is a growing issue in residential sales. Buyers often discover hidden solar leases after closing, which can lead to unexpected costs. My advice? Always check whether solar panels are owned or leased during the transaction.

• Construction and Title Issues: These can derail a deal if not addressed early. Ashley emphasized the importance of thorough due diligence to avoid surprises.

Trends and Challenges in Commercial Real Estate

The commercial market is evolving, and Ashley also shared her insights on the current trends:

• Shift to Multifamily Investments: With rising interest rates, many investors are turning to multifamily properties instead of single-family homes or offices.

• Private Funding Growth: Syndications and private funding are becoming more popular as traditional financing becomes less accessible.

• Post-COVID Office Space Changes: The demand for office spaces remains uncertain, while retail leasing has picked up in certain areas.

The Impact of Rent Control and Tenant Protection

Ashley and I also discussed rent control laws in California, particularly in Berkeley and San Diego.

While San Diego offers some exemptions for newer construction, tenant protections have become stricter post-COVID. In Berkeley, rent control laws are even more stringent, creating challenges for landlords and investors.

Women in Real Estate Law and Gender Dynamics

Being a woman in a male-dominated field isn’t easy, but Ashley has embraced the challenge.

She shared stories of being the only woman in the room and how she uses that to her advantage. Her advice to women entering the field is to be confident, well-prepared, and unafraid to stand out.

Complex Transactions: 1031 Exchanges

One of the most enlightening parts of our conversation was about 1031 exchanges. These transactions allow investors to defer taxes when exchanging one property for another, but they require precise execution.

Ashley shared a story about managing a three-way 1031 exchange for partners investing in separate properties. She emphasized the importance of timing and accuracy to avoid costly mistakes. Whether you’re an investor or a mortgage broker, having experienced professionals on your team is critical for success.

Anonymous Transactions for High-Profile Clients

For high-profile clients, maintaining anonymity can be a challenge, especially in California, where transparency laws are strict.

Ashley explained how she structures entities to protect her clients’ identities, often working with holding companies and third-party managers.

Buyer’s Remorse and Rising Lawsuits

In the wake of the COVID-era housing boom, some buyers are experiencing regret over paying inflated prices. While Ashley’s practice focuses on transactions rather than litigation, she noted that these lawsuits reflect the importance of making informed decisions in a fast-moving market.

Advice for Aspiring Women in Corporate Real Estate Law

When I asked Ashley for advice for women aspiring to enter corporate real estate law, her response was both empowering and practical. She encouraged women to:

• Embrace being the only woman in the room.

• Be confident, prepared, and persistent.

From my perspective, continuous learning is also essential. And, real estate podcasting has been a fantastic way for me to share ideas, learn from others, and stay informed.

Follow the REalizations Podcast for More Interesting Stories and Insights from Real Estate Experts!

Ashley’s insights were invaluable, offering a fresh perspective on both residential and commercial real estate law. Her expertise, especially on topics like 1031 exchanges and tenant protections, is a reminder of how important it is to have knowledgeable professionals in your corner.

If you found this discussion helpful, I encourage you to subscribe to the REalizations Podcast. Each episode brings new stories and valuable advice from industry experts.

And, when you’re ready to buy, sell, or invest in real estate in the beautiful Bay Area, I’d love to help. Book an appointment with me today, and let’s start your real estate journey together!