Failure to disclose
A seller of real property who fails to reveal certain information about the property to a buyer during the transaction may be liable for damages. The seller may have claims against their real estate agent for improperly guiding the seller during the transaction. Our office has represented many buyers and sellers in claims surrounding the alleged failure to disclose relevant information during a real estate transaction.
Buyers and sellers of real estate sometimes make knowingly false representations during the transaction. False representations concerning the property constitute fraud and are grounds for the defrauded party to cancel the transaction and/or seek compensation. Our office has helped numerous buyers and sellers of real estate pursue, or defend against, allegations of fraud.
Breach of fiduciary duty
Buyers and sellers of real estate are often represented by real estate agents who owe fiduciary duties to their respective clients. Agents sometimes fail to prioritize their clients’ interests, looking to complete the transaction to simply obtain their commission. In doing so, agents may harm their clients’ financial interests. We have represented many buyers and sellers pursuing claims against their real estate agents for breach of the agent’s fiduciary duties.
Disputes over Initial Deposits
When a residential real estate transaction is cancelled, the Buyer and Seller often argue over which party is entitled to the Initial Deposit. We have counseled many clients through these negotiations.
Arguments arise when owners of neighboring parcels disagree about the location of the boundary separating their properties. These disputes can be complex and emotionally charged. Our office has represented many clients in seeking to resolve, and, where necessary, litigated boundary disputes.
Express or implied easements can be a source of contention. The legitimacy, nature, and scope of an easement may turn on various legal theories. We represent clients in negotiating and litigating disputes surrounding easements.
A property’s chain of title may present numerous issues that, for example, may question the legitimacy of certain conveyances, or that could threaten to prevent the smooth purchase and sale of real estate. Our attorneys are experienced in reviewing the chain of title to identify issues and devise creative strategies to achieve our clients’ objectives.
A cloud on a property’s title can significantly reduce the property’s market value and may prevent an owner from obtaining title insurance on the property. Our firm has prepared and filed many quiet title actions and successfully cleared clouds on title through litigation and default judgment proceedings.
New construction presents its own series of challenges, including structures that fail to perform as expected, lack the necessary permits, and other potential issues. The Right to Repair Act establishes an informal procedure by which the seller of new construction may repair defective construction prior to the buyer filing a lawsuit. We help buyers of new construction resolve unexpected defects, whether through informal means or by filing a lawsuit.
Disputes between homeowners and homeowner’s associations are very common. Our firm provides guidance to homeowners in navigating these contentious conflicts and, when appropriate, sues HOAs.
Trespass and nuisance
Trespass and nuisance causes of action seek to protect a landowner’s right to the quiet use and enjoyment of his or her property. We routinely represent landowners in disputes with third parties who are infringing on the owner’s legal rights.