Sylvia Arostegui

Photo of Sylvia Arostegui

Sylvia Arostegui is a partner in the Real Estate group and brings deep real estate, business, finance and project development experience in a wide variety of industries, including real estate, traditional and renewable energy, mixed-use development, hospitality, and healthcare.

In her real estate and project development practice, Sylvia assists developers, borrowers and lenders, landlords and tenants, and investors and land owners in the full spectrum of business, financial and commercial real estate transactions, including acquisition; disposition; project development and construction; ground, office and retail leases; easement and access agreements; title; site control; and construction contracts.

Click here for Sylvia Arostegui’s full bio.

Subscribe to all posts by Sylvia Arostegui

Landlords Take Notice – New Sacramento Rent Control To Take Effect September 12

By Sylvia Arostegui and Henry Chu on Posted in California, Residential Building Regulations
On August 13, 2019, the Sacramento City Council voted to adopt by a 7-1 margin a rent control and tenant protection measure known as the Sacramento Tenant Protection Act (the “Act”). Citing increasing rent statistics, an influx of in-migration and a shortage of rental units, the Act sets out to provide tenants with protections against … Continue Reading

What is Imputed Agent Knowledge Under California’s Real Estate Disclosure Rules

By Sylvia Arostegui and Tamara Boeck on Posted in Acquisitions and Dispositions
Recently, in RSB Vineyards LLC v. Orsi, the First Appellate District Court of Appeal confirmed the long-standing rule in California: sellers must disclose all known material matters.  While this affirmed rule was not surprising, the court was very helpful  in providing the first detailed framework for what it means for a seller to have “knowledge” … Continue Reading

Is “As-Is” Really “As-Is” in Real Estate Contracts? Tell the Truth, the Whole Truth, or Risk Liability for Nondisclosure

By Tamara Boeck and Sylvia Arostegui on Posted in Commercial Construction Contracts, Real Estate Contracts
The inclusion of an “as-is” clause in a contract for a real estate transaction has led courts in Oregon to allow parties to a deal to allocate the risk as to the property differently than through the historic concept of “caveat emptor” (let the buyer beware), which permitted a seller to shift the obligation to … Continue Reading

The Poisoned Foreclosure – Lawyers Beware of the Affirmative Duty to Search Records

By Sylvia Arostegui and Eric Skanchy on Posted in Bankruptcy
A Sacramento bankruptcy judge issued a hard hitting judgment against Bank of America for the way it handled a single residential foreclosure in Lincoln, California.  Referring to the famous novelist whose works evoke oppressive and nightmarish characteristics, Judge Klein wrote: “Franz Kafka lives… [and] he works at Bank of America.”  This ruling has been widely … Continue Reading

Brokers Beware: Acting as a Dual Agent Means Expanded Fiduciary Duties in California

By Sylvia Arostegui and Eric Skanchy on Posted in General
It is well known that under California law a real estate broker may act as a “dual agent” for both the seller and the buyer in a property transaction, provided both parties consent to the arrangement after full disclosure. In such representation, a dual agent owes fiduciary duties to both buyer and seller.  Pursuant to … Continue Reading

Choice of Law Provisions Cannot Bypass California’s Prohibition on Jury Waivers

By Sylvia Arostegui and Eric Skanchy on Posted in Construction Contracts, Financial Defaults, General
Last week, the California Court of Appeal ruled that a property owner was entitled to a jury trial in a dispute with a lender despite the fact that the loan agreement contained a jury waiver provision and a New York choice-of-law provision. The case involved the San Francisco apartment complex known as the Rincon Towers. … Continue Reading
LexBlog