Biography
Donald R. Person, Esq. has mediated and arbitrated numerous real estate disputes involving residential and commercial properties. He is adept at handling all issues present in real estate cases, including contract interpretation and enforcement, real estate torts, allocation of risk between buyer and seller, seller’s disclosure liabilities, broker and agent professional liability, homeowners’ association formation and operation, CCR enforcement, subdivision and lot splitting, public report requirements, zoning and land use planning issues, construction, CEQA and NEPA challenges, easement issues, nuisance, trespass and other adjoining owner issues, toxics, real estate financing, and security enforcement. Mr. Person has particular expertise in resolving pre-litigation claims and is adept at helping design and implement effective and economical discovery plans.
Mr. Person practiced law for 22 years before joining JAMS in 1997. He has extensive subject matter expertise in real estate and construction matters. His transactional and litigation law practice involved virtually all phases of real estate, including purchase and sale, construction, land use planning, subdividing land, real estate financing, common interest projects, homeowners’ associations, commercial and residential leasing, easements, title insurance, and other matters. He has served as a court certified testifying and consulting expert witness on real estate matters. Mr. Person has lectured extensively on real estate law, real estate development, and construction law and contracts. In addition, he has conducted real estate dispute resolution seminars for numerous law firms and the California Association of Realtors.
Representative Matters
- CCR enforcement cases and homeowners’ association disputes
- Commercial and residential design, construction, and remodel disputes
- Easement, dedication, boundary line, flooding, water rights, trespass, nuisance, and other disputes between adjoining landowners
- Land use planning cases including CEQA and NEPA challenges to public and private development
- Non disclosure and concealment disputes
- Professional liability claims against real estate brokers and salespersons, and whole house, pest, and other inspectors
- Residential and commercial purchase and sale agreement disputes
- Title insurance coverage and other claims
- Toxics cases including CERCLA and toxic mold
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
- Long time Martindale-Hubbell AV rated attorney
- Law and Politics designated Northern California Super Lawyer in 2005, 2006, 2007, and 2008
- Previous listee in Martindale-Hubbell’s national Bar Register of Preeminent Lawyers
- A mechanical engineer
- Featured subject of “ADR Offers A Range of Options For Resolving Conflicts” (Sacramento Daily Journal, March 31, 1998) and “Real Estate Law: Sacramento’s The Place To Be” (UC Davis Extension Certificate News, Fall, 1990)
- Co-author, "The Art of the Deal: Strategies for Successful Negotiation in Environmental Cases," (Summer 2013), Environmental Law News, vol. 22, no. 1, page 72-73
- Author, “Site Inspections and Other Non-Neutral Mediation Location Challenges” (Fall, 2005) and “Effective Use Of Expert Witnesses In Mediation” (September, 2002), Dispute Resolution Alert
- Author, “Effective Use of Alternate Dispute Resolution” (September, 1997) and “Resolving Business Disputes: The Old Way and The New Ways” (April, 1997), Builder and Developer
- Court certified testifying and consulting expert witness on real estate matters
- Recipient of excellence in teaching and outstanding service award from UC Davis University Extension
- Past Board Chairman, American River College Foundation
- Distinguished civil law practice with extensive experience in business, construction, real estate, corporate, partnership, products liability, and other matters with a total face value of nearly a quarter billion dollars
- J.D., with highest honors, Golden Gate University School of Law, 1975
- B.S.E. in Mechanical Engineering, University of Michigan, 1969
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Practice Areas
- Arbitration
- Business/Commercial
- Civil Rights
- Construction
- Construction Defect
- Engineering and Construction
- Engineering (Mechanical)
- Environmental
- Personal Injury/Torts
- Professional Liability
- Real Property
- Special Master/Disc. Referee
- Surety
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