BERYS LAW | Business, Real Estate, Wills/Trusts

Expanding your business by opening a new location is an exciting milestone. It often signals growth, stability, and increased demand for your products or services. But before you cut the ribbon, it’s important to understand the legal considerations involved. Overlooking these details can lead to costly delays or disputes down the road. Here’s what you need to know legally before opening that new branch.

1. Choose the Right Business Structure

If your business operates as a sole proprietorship or partnership, opening additional locations may expose you to greater liability. Many owners consider restructuring into a limited liability company (LLC) or corporation when expanding. This helps protect personal assets and simplifies managing multiple branches under one legal entity. If you’re already incorporated, you’ll need to decide whether to operate the new location as part of the existing entity or form a subsidiary.

2. Review Zoning and Local Ordinances

Not every property is suitable...

Franchising can be one of the fastest ways to grow a successful business. By allowing others to replicate your model under your brand, you expand your reach while benefiting from franchise fees and royalties. However, franchising isn’t as simple as granting permission to use your name. It’s a legal process with strict requirements designed to protect both franchisors and franchisees. If you’re considering this path, here are the key legal steps you need to take first.

1. Confirm Your Business Is Franchise-Ready

Before drafting contracts or recruiting franchisees, assess whether your business is prepared to scale. A franchise model works best for businesses with a proven track record, recognizable brand, and replicable operations. You’ll also need training systems, marketing support, and supply chain logistics in place to ensure franchisees can succeed under your guidance.

2. Develop a Franchise Disclosure Document (FDD)

In many jurisdictions, including the U.S., the law requires fr...

Eviction is often seen as the ultimate solution when tenants fail to pay rent or violate lease terms, but it’s also one of the most costly and time-consuming processes a landlord can face. Court fees, lost rent, legal representation, and property turnover costs add up quickly—not to mention the stress involved. Fortunately, eviction isn’t the only option. Exploring alternatives can help landlords save money, preserve tenant relationships, and resolve issues faster.

1. Open Communication and Mediation

Sometimes, a simple conversation is all it takes to resolve conflicts. Tenants may fall behind on rent due to temporary hardships, like job loss or medical bills, and may be willing to work with you if given the chance. Instead of heading straight to court, try scheduling a meeting to discuss the problem.

Mediation services, often offered by local housing authorities or nonprofit organizations, can also help. These services provide a neutral third party who guides landlords and tenants ...

Owning rental property can be a rewarding investment, but it also comes with the responsibility of following state and local rental laws. Regulations vary widely from one state to another, and even seasoned landlords can feel overwhelmed by the legal details. Fortunately, staying compliant doesn’t have to be a headache. With the right systems in place, you can protect yourself legally, keep tenants happy, and run your rental business more smoothly.

1. Know the Laws in Your State and City

The first step is understanding that rental laws aren’t “one size fits all.” What applies in California might not be relevant in Texas or Florida. Some states have strict rent control rules, while others offer more flexibility. Cities may also have ordinances around safety, inspections, or occupancy limits.

To avoid costly mistakes, start by reviewing your state’s landlord-tenant handbook or official housing authority website. Many states provide free resources that break down landlord responsibilit...

Estate planning has traditionally focused on tangible property like homes, vehicles, and financial accounts. However, in today’s digital age, much of our personal and financial lives are managed online. From social media to cryptocurrency, digital assets are now an essential part of estate planning. Recognizing what qualifies as a digital asset and ensuring they are included in your estate plan can save your loved ones unnecessary confusion and protect your legacy.

Defining Digital Assets

Digital assets include any electronic record, file, or account that holds personal, sentimental, or monetary value. These assets can range from financial holdings to personal online content. Importantly, they are often protected by unique usernames, passwords, and terms of service agreements, making access difficult for family members if not properly planned for in advance.

Common Types of Digital Assets

Financial Accounts – Online banking, PayPal, Venmo, investment platforms, and cryptocurrency w...

Managing commercial property comes with its own set of challenges, and one of the most difficult situations landlords face is dealing with tenant evictions. Unlike residential leases, commercial tenant evictions involve unique legal considerations, contractual obligations, and financial implications. Whether you’re an experienced landlord or new to commercial property ownership, understanding the eviction process is essential to protect your investment while minimizing risks.

Grounds for Commercial Tenant Eviction

Eviction is typically the last resort when a commercial tenant breaches their lease agreement. Common grounds include nonpayment of rent, consistent late payments, unauthorized use of the property, violation of lease terms, or abandonment of the premises. Some landlords also pursue eviction if the tenant’s activities harm the property’s value, reputation, or safety. However, unlike residential leases where tenant protections are stronger, commercial leases rely heavily on t...

Business contracts are where expectations meet reality. A well‑drafted agreement protects cash flow, relationships, and reputation; a sloppy one invites disputes. Here are the most common pitfalls—and how to avoid them—so your next contract is clear, fair, and enforceable.

1. Vague scope and deliverables

The #1 source of conflict is ambiguity. Define the scope with precision: what’s included, what’s excluded, and how “done” is measured. Add milestones, acceptance criteria, file formats, service levels, and who supplies what. If you can’t verify it, it’s not clear enough.

2. Slippery payment terms

Spell out price, currency, deposit, invoicing schedule, payment method, due dates, late fees, and interest. Tie payments to milestones or deliverables, not vague dates. Add consequences for non‑payment (pause rights or termination) and who pays taxes and bank fees.

3. No change‑control process

Projects evolve, budgets explode. Require written change orders that specify the revised scope,...

Homeowners’ associations (HOAs) exist to protect property values and ensure smooth community living. But for many homeowners, HOA board decisions can feel arbitrary or even unfair, leading to frustration, disputes, and unnecessary tension. Fortunately, with the right approach, HOA boards can foster transparency, fairness, and cooperation—while reducing conflicts. Here’s how.

1. Transparency

One of the fastest ways to build trust is through openness. Boards should clearly communicate decisions, reasoning, and processes to homeowners. Sharing agendas in advance, keeping detailed meeting minutes, and making records accessible ensures homeowners feel included and informed. Transparency eliminates suspicion and demonstrates that decisions are based on rules—not favoritism.

2. Apply Rules Consistently

Selective enforcement of community rules breeds resentment. If one homeowner receives a violation notice for leaving trash bins outside, but another does not, conflict is inevitable. Boar...

Military service members and their families face unique challenges when it comes to estate planning. Frequent relocations, overseas deployments, and the inherent risks of service require a proactive approach to protecting assets, providing for loved ones, and ensuring legal affairs are in order. Whether you’re active duty, in the reserves, or retired, these tips will help you build a solid military estate plan.

1. Start Early—Don’t Wait for Deployment

One of the most common mistakes service members make is delaying estate planning until just before deployment. Life in the military is unpredictable, and emergencies can happen at any time. Start your estate plan as soon as possible so your loved ones are protected no matter what.

2. Draft a Comprehensive Will

A will outlines how your assets will be distributed and who will care for your minor children if something happens to you. Without one, state laws will decide for you—which may not align with your wishes. Include instructions fo...

Buying your first home in San Diego is exciting—sunny beaches, thriving neighborhoods, and the promise of your own piece of paradise. But beneath the excitement lies a web of legal considerations that, if overlooked, can turn your dream purchase into a costly headache. Here are the top seven legal mistakes first-time homebuyers make in San Diego and how to avoid them.

1. Skipping a Thorough Title Search

Many buyers assume the seller has clear ownership, but unpaid taxes, liens, or ownership disputes can lurk beneath the surface. Without a proper title search and title insurance, you could inherit someone else’s legal problems. 

Solution: Work with a reputable title company to ensure the property’s title is free from defects before closing.

2. Overlooking HOA Rules and Restrictions

San Diego’s many planned communities and condos come with homeowner associations (HOAs) that impose rules on renovations, rentals, and even paint colors. 

Solution: Read the HOA’s Covenants, Condition...