David Harvey

David Harvey is our firm’s Senior Business and Real Estate Counsel. With over a decade of practice in business and real estate litigation and transactional matters, David draws from his experience providing services in the greater San Francisco Bay Area and throughout California to a diverse set of entrepreneurs, developers, buyers, sellers, landlords and tenants of commercial and residential properties. David advises and counsels clients on how to achieve their business goals and objectives in the challenging, competitive and highly regulated California real estate marketplace, in addition to resolving business and real estate disputes that arise efficiently and effectively by way of negotiations, mediation, arbitration and the courts.

As a licensed California real estate broker, David has a keen understanding of the business of real estate law. Leveraging industry best practices, David helps clients navigate market pressures with client-tailored strategies that are supported by advanced, data-driven analysis. He has represented clients against large San Franciscoand Silicon Valley-based corporate brokerages, amongst others through California. He also actively advises real estate agents and brokers on how to avoid litigation pitfalls.

Representative Business and Real Estate Transactional Matters:

• Real Estate
  • Market planning, due diligence and/or execution
  • Market guidance negotiating listing and buyer representation agreements
  • Residential and commercial leases
  • Commercial and residential ground-leases
  • Letters of intent
  • Purchase and sale agreements
  • Rights of first refusal provisions
  • Real estate option and put agreements
  • Deeds of trust and promissory notes
  • Grant deeds, quitclaim deeds, PCOR, and reconveyances
  • Rent Cap & Just Cause landlord-tenant notices
  • Boundary agreements and easements
  • Acquisitions and sales of businesses, including commercial and agricultural
  • Due diligence and investigations
  • Principal’s compliance with disclosure obligations and related laws and regulations
  • Estate planning, trusts, wills, and probate
  • Private market acquisitions, sales and exchanges
  • Restricted markets (e.g., Stanford University’s ground-leases, 55+ developments, professional communities, et cetera)
  • Financial, high net worth, insurance and tax guidance through collaborations with outside professionals
  • Entitlements, land use and zoning
  • Short-term rental income production
  • Real estate as path to immigration
• Business
  • Entity formation
  • Articles of incorporation, bylaws and conditions, covenants and restrictions
  • Corporate e-discovery in investigative, regulatory and litigation matters
  • Joint venture, partnership and tenancy agreements
  • Management, operating, professional service and independent contractor agreements
  • Compliance with laws and regulation and related audits and investigations
  • Market and private acquisitions and sales
  • Scenario planning
  • Business ownership as a path to immigration

Representative Business and Real Estate Litigation Matters:

• Buyer earnest money, deposit and liquidated damages seller claims
• Breach of lease, purchase and sale, commercial, and settlement agreements
• Breach of real estate agent-broker fiduciary duty and standard of care
• Seller non-disclosure, concealment, misrepresentation, and fraud claims
• Accounting, fraud, misappropriation, self-dealing claims
• Unlawful detainer and back rent landlord claims
• Common interest development and homeowner’s association matters
• Handling and removing mechanic’s liens
• Property tax assessments contests
• Property boundary, easement and neighbor disputes
• Quiet title and partition actions
• Public and private nuisance and notice of violation matters
• Compliance with ordinances, laws and regulations
• Direct and inverse condemnation
• Private property rights under the constitutions of United States and California

In 2005, David earned his juris doctorate from American University, where he was a member of the International Law Society and a student attorney in the Janet R. Spragens Federal Tax Clinic. He completed his undergraduate studies with a Bachelor of Arts in English from Roanoke College.