Real Estate Disputes & Transactions
We represent property owners, buyers, sellers, and brokers in a wide range of complex real estate disputes. Our deep experience in California real estate law allows us to efficiently resolve these matters while protecting our clients’ legal and financial interests.
Failure to Disclose
California law obligates sellers of real property to disclose material facts that may affect the value or desirability of the property. A failure to disclose known defects—such as water damage, mold, or unpermitted additions—can give rise to various legal claims. We represent both buyers and sellers in litigation involving claims of nondisclosure and misrepresentation.
Real Estate Fraud
Fraudulent inducement, concealment, or misrepresentation during a real estate transaction can result in serious consequences. Whether a party intentionally or negligently withholds material information in a real estate transaction, we help victims of real estate fraud recover damages and pursue other legal remedies. We also defend clients against such allegations when they are unfounded.
Boundary and Encroachment Disputes
Property line disputes between neighbors are among the most contentious types of real estate litigation. We represent clients involved in boundary disputes and have extensive experience with disputes involving surveys, adverse possession, prescriptive easements, and encroachments, including fence-line conflicts and illegal structures. Where informal resolution fails, we litigate these matters to enforce or defend property rights.
HOA Litigation
Homeowners’ associations often exceed their authority, improperly shift blame for liability to homeowners, or fail to enforce covenants fairly. We represent homeowners in disputes with HOAs over assessments, maintenance obligations, use restrictions, and all other claims arising in the HOA context.
Deposit Disputes
When escrow fails, disputes often arise over who is entitled to the initial earnest money deposit. These conflicts can hinge on interpretation of the purchase agreement, applicable contingency removals, and notices to perform. We guide clients through escrow fallout, protecting their contractual rights and financial interests.
Easement and Access Disputes
Disagreements over express, implied, or prescriptive easements can be complex and emotionally charged. We represent clients asserting or challenging easement rights, whether recorded or not, and offer creative solutions to long-term access problems.
Title Defects and Quiet Title Actions
A defective or clouded title can block a sale, hinder refinancing, or expose owners to future legal risk. We resolve complex title issues involving forgery, invalid deeds, fraudulent liens, and other similar claims. Our firm regularly files quiet title actions to remove clouds and establish clear, marketable title through negotiations and court judgments.
Breach of Fiduciary Duty
Real estate agents and brokers owe fiduciary duties of loyalty, full disclosure, and reasonable care to their clients. When an agent places their commission over the client’s interests—such as pushing an unsuitable transaction—they may be liable for breaching their fiduciary duties. We pursue and defend fiduciary duty claims involving dual agency conflicts, undisclosed interests, and failure to investigate or advise properly.
Trespass & Nuisance
Property owners have the right to exclusive possession and peaceful enjoyment of their land. We prosecute and defend against trespass and nuisance claims—whether involving unauthorized use, noise disturbances, or other unacceptable conduct. These claims may support injunctive relief or monetary damages.
Partition Actions (Co-Ownership Disputes)
When co-owners of property disagree about the management or sale of a property, partition actions allow a court to compel a sale or division of the property. These are highly technical cases involving accounting, valuation, and equitable considerations. We represent clients in amicable resolutions to sell a property and, when necessary, contested partition proceedings.
Specific Performance Claims
When a seller fails to close escrow on a real estate transaction, the buyer may seek specific performance to compel the sale. We have represented dozens of buyers in the enforcement of real estate purchase agreements in cases involving a seller’s breach.
Real Estate Transactions
We are regularly asked by clients to document real estate transactions. Clients sometimes have an agreement in principle to purchase or sell real estate without a real estate broker. Our firm routinely assists buyers and sellers properly document these transactions through escrow with title insurance policies. Our firm’s expenses in these deals are a fraction of the cost charged by real estate brokers, resulting in a very cost-effective, smooth transaction.