Real Estate Litigation
Our firm represents individuals, families and all sized businesses in a wide variety of real estate litigation matters throughout Southern California. When an issue arises regarding your property, we have the resources and experience to achieve the best possible outcome in a cost effective manner. The types of disputes we handle include:
- Adjoining Landowner Disputes. Unfortunately, disputes between neighbors can grow quite contentions quickly. There seems to be no limit to the types of issues that arise between neighbors but the most common ones tend to be disagreements over property lines, noise, easements, construction, landscaping, land encroachments and drainage. In hillside areas, these disputes seem to be more prevalent, particularly in older developments. The key to successfully resolving an adjoining landowner dispute is to quickly assess the strengths and weaknesses of each case. Is immediate action such as a restraining order or injunction required? Are there other parties that need to become involved such as Homeowners’ Associations, title insurance companies, governmental entities or other neighbors? Can the issue be resolved through mediation or a written agreement? Will a survey be required? We utilize years of experience and creativity to resolve these disputes and, when necessary, aggressively protect our clients’ interests in court in the most efficient way possible. We have settled numerous boundary and easement disputes and have
- Breach of Contract. There may be no more common cause of action in business and real estate litigation than a breach of contract claim. Breach of contract actions arise, in the real estate context, when one party does not perform as agreed under their contract. The types of real estate contracts that can be breached are architectural agreements, construction agreements, easements, leases, real estate sales agreements, listing agreements, and partnership agreements to name a few. As soon as you become aware of a possible breach of contract, contact us for a free initial consultation so you can make the right decision when it comes to your real estate and business relationships.
- Broker Disputes. There are two basic types of broker disputes. The first type of dispute is an action brought by a broker when they are denied their commission. The second type of broker dispute arises if a broker does not perform their services properly and/or fails to live up to their fiduciary duty. Adina T. Stern, A Professional Law Corporation has successfully handled many broker disputes.
- Construction Disputes. Construction disputes can be complex and require an attorney familiar with the construction industry. We handle construction matters relating to residential and commercial properties.
- Easement disputes. There are many types of easements and even more ways that adjoining land owners can have disputes over easements. We are experienced at both drafting easements and litigating easement issues.
- Escrow disputes. It is very important to hire a competent escrow because most escrows try to limit their duties to nothing more than following the instructions that are given to them. Problems arise however, if escrows miscalculate disbursements, fail to record the proper documents or when the parties to an escrow disagree on how earnest money funds held by escrow should be disbursed if the agreement falls through. When there is a dispute over funds held by an escrow holder, the escrow company should file an interpleader action. Unfortunately, escrows may find themselves paralyzed waiting for the parties to give them written instructions on what to do with the funds they are holding. If the parties cannot agree, the only way to force the issue is through arbitration or litigation.
- Failure to Disclose Property Condition by Seller. The failure to disclose is one of the most typical problems faced by buyers of real property. There is a common misperception among sellers that if a property is sold “as is” it means that they buyer cannot sue the seller. This is far from true. A seller always has a legal duty to disclose all known defects to a buyer.
- Fiduciary Duty Issues
- Fraud and Fraudulent Transfers
- Commercial Landlord/Tenant and Ground Lease Disputes. We represent both landlords and tenants in commercial lease matters. When negotiations fail and the only alternative is litigation, we have the skill and experience to mediate, arbitrate and litigate landlord tenant disputes. We have successfully represented individual tenants and groups of tenants and secured favorable settlements that enabled our clients to continue to maintain their businesses. On the landlord side we have the expertise and attention to detail that is required to negotiate the legal minefield of landlord/tenant litigation.
- Lis Pendens Litigation. Few areas of the law require such particular attention to procedural details as lis pendens litigation. Often time is of the essence in these cases and swift but accurate steps must be taken to either remove a lis pendens or place it on the property to protect your clients rights.
- Litigation relating to Quitclaim Deeds and Deeds of Trust.
- Mechanic's Lien Claims. Effective July 1, 2012 there was a significant change in the mechanic’s lien laws. We can assist both owners and contactors with respect to mechanic’s lien rights and obligations.
- Partition Actions. When co-owners of property need to party ways, a partition action is the appropriate remedy. Often these actions are accompanied by actions for an accounting and breach of contract. We have extensive experience in these types of actions.
- Partnership Disputes. Disputes among partners or family members are often bitter and contentious. It is critical to have an objective and experienced business litigation attorney handle these matters so that they may be resolved in the best possible manner.
- Property Ownership Disputes
- Purchase and Sale Agreement Disputes
- Quiet Title Actions
- Real Estate Financing Disputes
- Specific Performance Litigation. If a party to a real estate contract fails to perform the remedy of specific performance is often available. The stakes in these types of cases, however, are high because if a property is wrongfully tied up with a lis pendens the losing party may well be liable for significant damage award. When losing is not an option it is critical to have a knowledgeable real estate attorney handle your case.
- Unlawful Detainer Actions. We handle a vast variety of residential and commercial unlawful detainer actions. While most of the unlawful detainer work we do is on behalf of landlords we do represent tenants in situations when their rights have been seriously violated by a landlord and have been successful in these cases.
We have a strong record of success at the negotiating table and in the courtroom. We cost effectively handle large and small matters in courts throughout Southern California including Orange County, Los Angeles County, Riverside County, San Bernardino County and San Diego County.
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