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Richard B. Gullen

Real estate Attorney at San Jose, CA

5.0   9 reviews

About Richard

Learn Richard’s areas of practice.

2
Practice areas
  1. Real estate
    60%
    Litigation of all commercial and residential real estate disputes including between buyers, sellers, brokers, lenders, borrowers, landlords, tenants, developers, partners, contractors, neighbors, escrow companies, and title insurance companies.

    33 years, 400 cases

  2. Contracts and agreements
    40%
    Negotiating and drafting real estate and business agreements, including purchase and sale agreements, leases, assignments, option agreements, promissory notes, deeds of trust, security agreements, subordinations, easements, CC&Rs, development agreements, operating agreements and partnership agreements.

    33 years, 275 cases

I have been practicing real estate and business law for over 25 years.  I deliver optimal cost-efficient solutions for clients, whether through the negotiation and drafting of complex transactions, or litigating contentious disputes.  I have represented clients in a wide variety of real estate and business matters, whether they were participating as an investor, developer, builder, contractor, homeowner, broker, lender, borrower, landlord, tenant, debtor, creditor, or title company.    

 

I also represent investors and developers in commercial transactions through the acquisition, due diligence, management, sale, and exchange stages of investment properties and businesses, including negotiating and drafting purchase agreements, development agreements, partnership agreements, CC&Rs, easements, leases, options, assignments, non-competition agreements, promissory notes, deeds of trust, security agreements, and subordination agreements.  The projects involved include multi-tenant office and retail shopping centers, as well as single tenant leased investments, with national franchises such as Walgreens, Carl's Jr., Dollartree, Autozone, IHOP, Olive Garden, O'Reilly, and Tireworks, as well as local businesses.  

Licensed for 33 years
State CA
Status Active
Acquired 1989
Updated 09/09/2022

We have not found any instances of professional misconduct for this lawyer.

Contact Richard

Rossi, Hamerslough, Reischl & Chuck Leaders in real estate and busines law.
1960 The Alameda Suite 200
San Jose, CA, 95126

Reviews

5.0 / 5.0
  9 customer reviews
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Posted by Thomas | February 25, 2016
This review is from a person who hired this attorney.
| Hired Attorney
Successful Litigation and Development Project
During the course of a complicated $2M+ development project in the Town of Los Gatos, I retained the services of attorney Rick Gullen from the law offices of Rossi, Hamerslough, Reischl & Chuck in response to neighboring property owner’s lawsuits objecting to the project, as well as a breach of contract. Additionally, despite the project being permitted, there was increasing obstruction by City administration in response to these lawsuits that required Rick and his firm to intervene. The scope and breadth of the litigation required the involvement of California Fish and Wildlife, US Army Corp of Engineers, California Water Board, Air Quality Management District, County of Santa Clara, Town of Los Gatos Town Attorney, as well as surveyors, engineers, arborists, and hydrologists. In addition to his years of personal, in-depth real estate law knowledge and litigation experience, and a large firm behind him specializing in complicated real estate matters, Rick brought to the table personal connections with experts ranging from former city Planners, structural and geotechnical engineers, aerial photography firms, surveyors, specialized insurance attorneys, property title experts, traffic engineers, etc. The litigations spanned issues including easements, access right of ways, public vs private roadway right of ways, lot line disputes stemming from titles and maps from the 1800’s, and he also successfully won an arbitration award for liquidated damages, arguing against a complex claim of unmarketable title due to appurtenant easements and junior vs senior deeds of trust. During the course of the litigation and negotiations with the City, Rick’s counsel and direction was always with our best interests in mind. As contentious as it became, Rick’s demeanor with all involved parties, allowed for the possibiltty of an amicable compromise where appropriate. Conversely, he successfully and forcefully argued points where there would be no compromise. Our project could not have been successful without the help and guidance of Rick Gullen and the offices of Rossi, Hamerslough, Reischl & Chuck
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Posted by Byron | August 10, 2015
Earned our trust for life
My family and I highly recommend Rick Gullen for real estate disputes. He not only provided excellent legal representation on all fronts (strategy, negotiations, court, etc.) for a real estate dispute, but also helped us through an emotionally difficult time and became our friend in the process. Rick has earned my family's trust and will be our attorney for real estate matters for many years to come.
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Posted by John | August 26, 2014
RICK TO THE RESCUE
On a quiet Sunday afternoon about six months ago, I was served with a civil complaint contesting the ownership of one of my residential rental properties in San Jose. I was concurrently noticed of an “ex parte” hearing scheduled for 8:30 am the following Tuesday morning at which time the allegedly aggrieved Plaintiff would seek a court order to immediately place my property into receivership and begin collecting all of the rents etc. I literally had only hours to formally rebuke this craven, contumelious assault and to affirm my ownership position in this property! I contacted RHRC early Monday morning and found the firm’s initial response professional and sympathetic to the absolute urgency of my plight. Rick Gullen quickly agreed to re-arrange his calendar and meet with me that afternoon to review the complaint and formulate an appropriate response. By the start of our meeting, there were less than eighteen hours before the “ex parte” hearing scheduled for the next morning! Rick, his assistant, and I worked diligently for the remainder of that afternoon and evening to prepare our formal response. We were ultimately successful in this endeavor and the Judge denied all elements of the receivership motion. In the ensuing weeks and months, the complaint response and a counter suit were filed and the discovery process was initiated. Recently, this case was resolved through mediation with an executed settlement agreement very much to my benefit. As a successful entrepreneur and retired tech executive, I have had considerable experience dealing with dozens of attorneys during the past several decades. I have retained or otherwise engaged attorneys on three continents who specialized in litigation, corporate law, contract law, employment law, family law, patent law, intellectual property law, and international law. All of these attorneys were competent in their respective fields – some were even exceptional. Never however, had I prevailed upon any of my counsel to respond to an issue with such immediacy as I did with Rick. He willingly rose to the challenge as my advocate and successfully countered the opposition at every turn. For the duration of this case, Rick consistently demonstrated his broad knowledge of the law and his experience in resolving real estate ownership conflicts. His recommendations regarding the strategies and tactics most likely to successfully engage the opposition were very insightful. Rick’s sage advice on the legal options available not only to me as the Defendant, but equally important, the various options likely to be pursued by the Plaintiff, were particularly significant in my management of this case. His pensive, amicable demeanor combined with his tenacity and dedication to defending his client and prevailing in the case, were indeed exemplary. Should the need ever arise in the future, I would not hesitate to call on Rick for assistance. I am certain however, that he would very much appreciate having more than eighteen hours notice to prepare a formal response and appear in Court on my behalf! I can unequivocally recommend Rick Gullen as an advocate who always represents his clients’ best interests and as a consummate professional in the practice of real estate law.
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Posted by Shari | August 24, 2014
Client Testimonial
Richard is one of the best attorney's in his field. He's dedicated to achieving results for his clients and extremely personal and professional. I highly recommend Richard and happy with how my case is being handled
Posted by Shannon | August 19, 2014
Client Testimonial
I have been a Client and have worked with Rick Gullen for a period of two years, so far. I am very pleased with the results that I have seen thusfar. I have no need to seek "counsel" with any other law firm because I personally believe that I have retained the best attorney within the Silicon Valley area. He has helped me achieve payment in multiple cases and his win-loss ratio is at a 100% win status. How many lawyers have that ratio? I know that I actually asked that question upon out first meeting. Because Mr. Gullen was so professional and never lets "the cart go before the horse" he managed my expectations from the onset. He continues to do so today (not that he needs to because he always wins!). He is always professional and timely with all of his responses. I have never asked him a question that he didn't have the appropriate answer for. In my opinion, he is an EXPERT in contract law. I also believe that the working relationship is very successful because we are of similar personality types. He is a BULLDOG! Once he "takes a bite he doesn't let go". We are the same in this capacity and this is exactly what is needed in my industry, on many occasions, which is Construction. It is a very trying industry and people are always trying "to take a bit out of the Little Guy". Rick never lets this happen. He doesn't like to see people taken advantage of. You could easily describe Rick's potential and viability with one line .... As they say in the War movie G.I. Jane, at the end of the movie, "O'Neil I'd go to war with you any day!" and I totally would and do, on a regular basis, with Rick. I completely feel this way about Mr. Gullen. You require a certain level of Bulldog and Grit that are required to make people PAY for the wrongs that they have committed against others. If you hire Rick you WILL BE protected! You will be served with the utmost professionalism. You will be happy with the continuous results that you would achieve by having hired him. I know I sure am. He is worth every penny spent! I am grateful to be able to continue working together.
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Posted by anonymous | November 28, 2012
Exceptional attorney experience
I hired Mr.Gullen to help me with a real estate transaction gone wrong. When everything else failed and my realtor bailed on me, I was left with no option but to look for a lawyer. I was trying to find a real estate specializing firm and lucked out in finding Mr.Gullen. From the very outset, Mr.Gullen had a laser focus on what my primary goal was (to get the house). He came upto speed very quickly on the case and was exceptional in his communications with the rival party. He was a tremendous advocate on my behalf and managed to clinch the deal. He always kept all parties in the loop and was accessible over the phone anytime. This forms the basis of my exceptional rating for his abilities. This was my first time with an attorney. We all have heard things about how expensive lawyers can get and how they have a propensity to drag the litigation on and on, thereby running up the bills for their clients. A huge part of why I rate him so highly has been his integrity in this regard. He was always sensitive to my goals and the costs associated. He was forthright in discouraging me from taking up some choices due to the low return on investment. For me this was his biggest strength as it took away a lot of anxiety from my end. In terms of his personality, he is very friendly and we have had multiple interactions where I ended a conversation with a smile on my lips. This is an invaluable trait to have when we are dealing with high stake litigations. All in all, I would not really prefer to be engaged in a legal battle as its bad for my nerves. But if I had no choice, there would be no-one else but Mr.Gullen that I would prefer on my side.
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Posted by Bob | November 26, 2012
Rick Gullen knows how to handle commercial real estate transactions
I have been working with Rick for approximately 10 years. I find him very diligent in his efforts to support the commercial real estate transactions that are my core business. I recommend Rick every chance I get!
Posted by chuck | November 25, 2012
Great real estate lawyer
Very professional and thorough. A pleasure to work with. I would recommend Rick highly for any real estate related matters.
Posted by anonymous | November 25, 2012
Hightly Capable Attorney
Rick represented me on an extremely complex legal issue where we were up against deep pocketed opponents who thought they had an airtight case. Only through Rick's dogged and creative execution of our position were we able to prevail without going to court. I recommend him highly.
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Contact for Details

Resume

AVVO RATING 9.2 (Superb)

Work Experience

  • Shareholder
  • Rossi, Hamerslough, Reischl & Chuck
  • 1993 - Present

Education

  • Santa Clara University School of Law
  • JD - Juris Doctor
  • 1989
  • University of the Pacific
  • B.M.
  • 1985

Legal Cases

  • Van Buren Estates Lenders, LLC v. Van Buren Estates Partners, L.P., et. al., (2013)

Associations

  • State Bar of California
  • Member
  • N/A
  • Santa Clara County Bar Association
  • Member
  • N/A
  • American Bar Association
  • Member
  • N/A

Languages Spoken

  • English

Awards

  • Peer Review Rated
  • Martindale-Hubbell
  • 2015
  • Peer Review Rated
  • Martindale-Hubbell
  • 2014
  • Peer Review Rated
  • Martindale-Hubbell
  • 2013
  • Peer Review Rated
  • Martindale-Hubbell
  • 2012
  • Top 100 Attorneys in Silicon Valley
  • San Jose Magazine
  • 2007
  • Top 100 Attorneys in Silicon Valley
  • San Jose Magazine
  • 2006
  • Top 100 Attorneys in Silicon Valley
  • San Jose Magazine
  • 2005
  • Top 100 Attorneys of Silicon Valley
  • San Jose Magazine
  • 2004
  • Top 100 Attorneys in Silicon Valley
  • San Jose Magazine
  • 2003
  • Top 100 Attorneys in Silicon Valley
  • San Jose Magazine
  • 2002
View all awards

Publications

  • Facebook
  • Interference With Secondary Easements
  • 2014
  • Facebook
  • New Land Use Laws
  • 2014
  • Facebook
  • Below Market Rate Purchase Options Are Exactions
  • 2014
  • Facebook
  • Landlords Are Vulnerable to Prescriptive Easement Claims
  • 2013
  • Facebook
  • New Laws Protecting Tenants After a Foreclosure
  • 2013
  • Facebook
  • Disclosing Pending Notice of Default to Prospective Tenants
  • 2013
  • Bay Area Lawyers
  • Dealing With Property Owners in Default
  • 2006
View all publications

Speaking Engagements

  • Intero Sales Meetings
  • Multiple Offer Issues
  • 2015
  • RE 360 Radio Show
  • Top 5 Disclosure Issues for Sellers
  • 2014
  • RE 360 Radio Show
  • Top 5 Contract Issues for Buyers
  • 2014
  • Intero Bay Area Office Meetings
  • Saffie Case: Liability of Listing Agents for MLS Comments
  • 2014
  • Intero Bay Area Office Meetings
  • Unlicensed Contractors: Friend or Foe?
  • 2014
  • Intero Bay Area Meetings
  • Deposit Disputes and Liquidated Damages
  • 2014
  • Intero Bay Area Office Meetings
  • Multiple Offers: Are You In Contract or Not?
  • 2013
  • Intero Bay Area Office Meetings
  • Late Acceptance
  • 2013
  • Kapowich on Real Estate Radio Show
  • Title Issues Arising from Buying Properties in Foreclosure
  • 2012
  • Annual Intero Real Estate Update Seminar
  • Updates to the CAR Form Purchase and Sale Agreement
  • 2011
  • Kapowich on Real Estate Television Show
  • Foreclosures and Short Sales
  • 2010
  • De Anza College Real Estate Course
  • Top Ten Mistakes Made by Buyers and Sellers
  • 2007
View all speaking engagements

Attorney endorsements

Received (4)
Given (1)
Real estate Attorney | Jul 24
Relationship: Fellow lawyer in community
"I endorse this lawyer. I have worked with Rich on "both sides" of the many cases we have had together over the years. He is knowledgeable, prepared and ethical."
Litigation Attorney | Sep 18
Relationship: Opposing Counsel on matter
"I endorse this lawyer. I know the quality of Mr. Gullen's work because he was the opposing counsel in a case I recently had. Five qualities stood out: (1) he is very knowledgeable; (2) He's an excellent negotiator; (3) he's persistent; and (4) he is very professional. I have litigated against many lawyers and law firms in my 13-year career. I know who the good ones are. He's been a lawyer for 24 years. He knows what he is doing. I respect Mr. Gullen greatly. And I am sure others do as well. If you hire him, you are hiring an experienced litigator backed by a premier law firm."
Real estate Attorney | Nov 26
Relationship: Worked together on matter
"I endorse this lawyer. He is honest, hard working, practical, knowledgeable and a credit to the legal profession. If I ever need a lawyer it is my intention to retain Rick."
Real estate Attorney | Nov 26
Relationship: Fellow lawyer in community
"I endorse this lawyer. As an attorney in the community I have seen and experienced Rick's use his background, training, and experience to help clients avoid potential problems and resolve existing problems all while keeping his client's interest at the forefront. Rick is extremely knowledgeable and experienced, works diligently towards the best interests of his clients, and serves his clients well. I confidently endorse this attorney."

Avvo Contributions

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San Jose Real estate Lawyer Richard B. Gullen
Richard B. Gullen
Real estate Attorney
San Jose, CA
Licensed for 33 years