Legal Question in Real Estate Law in California
Property development idea as IP?
If I present a property development concept to an owner, can I protect it as intellectual and make sure I get paid if they use it?
3 Answers from Attorneys
Re: Property development idea as IP?
Even with a lawyer-drafted nondisclosure and noncompete agreement, you are pretty much at the mercy of the individuals you're trying to work with, and I would advise that in addition to a proper agreement you choose the individuals you try to work with VERY carefully. There is no document worth as much as good moral character.
Re: Property development idea as IP?
You can make a written contract signed by all before you give them your idea stating that they will pay you on a certain basis if they use your idea. You must determine what a reasonable charge would be, that they can not use it for more than that one property, they can not convey it to someone else, what the concept is in broad enough terms that they can figure out how to make the changes in their present plans, etc. Normally ideas can not be government protected, and even when they can it is not that difficult to steal the idea [you can not check all development in the USA].
If you feel ths "idea" will produce at least a five figure price, you probably should see a lawyer first to be sure you have put in writing everything you need to protect your self.
Re: Property development idea as IP?
I deal with sale of ideas. If it is just an idea and not patentable, trademarkable, and federally copyrightable, then you use a Non-Use Non-Dislcosure Agreement like one I have already drafted. Let me know about the nature of the transaction if you are interested in hiring me to customize this agreement for you.
Best,
Daniel Bakondi, Esq.
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