BERYS LAW | Business, Real Estate, Wills/Trusts

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...

Real estate partnerships can be a powerful way to scale your investment portfolio, share risk, and combine complementary skills and resources. Whether you're teaming up with a friend, family member, or professional investor, the structure of your partnership can make or break your success. Clear agreements, well-defined roles, and legal protections are essential. Here's a practical guide on how to structure real estate partnerships the right way.

1. Choose the Right Partnership Type

Before anything else, you need to decide what type of partnership works best for your goals. The most common structures include:

• General Partnership (GP): All partners share equal responsibility and liability. This is the simplest form, but it also carries the most personal risk.
• Limited Partnership (LP): One or more general partners manage the operations and bear full liability, while limited partners contribute capital and have limited liability.
• Limited Liability Company (LLC): Often the preferred...

Growing a real estate portfolio can be one of the most effective ways to build long-term wealth, but it also involves legal risks that, if overlooked, can result in costly mistakes. By implementing the right legal systems from the start, investors can protect their assets, reduce liability, and scale their holdings with confidence. Here’s how you can grow your real estate portfolio safely through smart legal structures and systems.

1. Establish the Right Legal Entity

One of the first steps in building a legally sound portfolio is selecting the proper business structure. Most real estate investors choose to hold properties under a Limited Liability Company (LLC) or a series of LLCs. This setup provides a level of personal liability protection, separating your personal assets from your investment properties. It also adds credibility and makes it easier to manage partnerships and joint ventures. For larger portfolios, investors sometimes create a holding company that owns multiple LLCs,...

Purchasing commercial real estate is a significant investment that carries both opportunity and risk. To protect yourself from unexpected legal issues and financial pitfalls, conducting thorough legal due diligence is essential. This process helps verify that the property is legally sound, properly zoned, and free of encumbrances that could hinder its intended use or value. Here’s a practical legal due diligence checklist to guide you through a smart and secure purchase.

1. Title and Ownership Verification

Start by confirming the seller’s legal ownership of the property. Request and review the property’s title deed and ensure it’s free from disputes. Engage a title company or real estate attorney to conduct a title search to uncover:

• Liens or mortgages
• Easements or rights of way
• Restrictive covenants
• Pending litigation

Clear title is crucial to transfer ownership without future legal challenges.

2. Zoning and Land Use Compliance

Zoning regulations determine how a property ...

Dealing with the loss of a loved one is difficult enough without the added burden of navigating the legal system. One of the most common questions families face during this time is whether they need a probate lawyer. While not every estate requires legal assistance, certain situations make hiring a probate attorney not just helpful—but necessary. This guide will help you understand when it's time to bring in a professional.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. This includes validating the will (if one exists), identifying and valuing assets, paying debts and taxes, and distributing the remaining property to heirs or beneficiaries. In simple cases, probate may be straightforward. But complications can arise quickly, especially with larger or contested estates.

Discover: What Are Probate Delays?

When You Might Not Need a Probate Lawyer

Some estates can be handled without a lawyer. For instance:

• The estate is small and qualifies for...

When running a business, signing contracts often feels like a routine part of keeping things moving. Whether it's a vendor deal, a service agreement, or a new partnership, the urge to sign quickly and maintain momentum is strong. But rushing through without a legal review can lead to serious—and expensive—mistakes down the road.

Here’s why every business contract should be reviewed by a qualified legal professional before you sign.

1. Contracts Are Legally Binding (Even If You Didn’t Fully Understand Them)

Once you sign a contract, you are legally obligated to follow its terms. It doesn't matter if you didn't read every clause or misunderstood something. Courts generally assume that all parties understood what they signed, which means ignorance is not a defense. A lawyer can ensure you understand what you’re agreeing to—and what you’re responsible for.

2. Hidden Clauses Can Hurt You

Not all contracts are created in good faith. Some contain vague language or buried clauses that til...

Creating a will is one of the most important steps you can take to protect your assets and loved ones—but it’s also one of the most misunderstood legal documents. Many people avoid writing a will because of myths or misinformation. Let’s debunk 10 common myths about wills and reveal the truths you need to know.

1. Myth: Only the wealthy need a will

Truth: Regardless of how much money or property you have, a will ensures your wishes are respected. Without one, the state decides how to distribute your assets, which can create confusion, delay, and family conflict.

2. Myth: I’m too young to need a will

Truth: Adults of any age should have a will, especially if they have dependents, own property, or want to specify who inherits their belongings. Unexpected events can happen at any stage of life.

Read more: The Best Age to Start Estate Planning – And Why It Matters

3. Myth: A will avoids probate

Truth: A will does not avoid probate. Instead, it guides the probate process by instructi...