Real estate has always been considered one of the most secure and advantageous investments available, whether residential or commercial. However, disputes often arise between the parties involved. Litigation may result when one of the parties is not performing under a real estate contract.
Whether you are buying a home, selling land, or developing commercial property, the experienced Los Angeles real estate attorneys at the Law Offices of Steven J. Horn is prepared to litigate cases where investors, buyers, or sellers attempt to violate the terms of a contract. In many cases we are able to obtain favorable results through negotiated settlements, which are usually less costly and time-consuming than litigation.
Our California real estate lawyers will also review contract terms and conditions, financial agreements, and deed and title claims in order to protect our clients interests and limit the potential for litigation.
Disputes Arising From Real Estate Transactions
Real estate disputes can originate from a number of sources. The most common disputes include:
- Disputes concerning purchase agreements: When a party to a purchase agreement fails to perform his or her obligations we will pursue enforcement of the contract and sue for monetary damages if our client is injured.
- Disputes with brokers: Real estate agents and brokers have an ethical duty to act fairly with buyers. If a broker has breached this fiduciary duty through non-disclosure, high-pressure sales tactics, or misrepresentation, we will seek damages for our client.
- Non-disclosure of facts: Sellers and brokers have a duty to make pre-sale disclosures of existing defects that they knew about or should have known about, such as:
– structural defects of the property (such as leaky roofs, bad furnaces, defective plumbing, etc.)
– additions or improvements made without the proper permits
– any judgment liens, mortgage liens, easements, or other title defects
The purpose of pre-sale disclosures is to allow the buyer to make informed decisions when purchasing the property. If the seller or broker failed to disclose certain issues about the property, we can hold them responsible.
- Easement disputes: Issues can arise over access to property, rights of utility companies, or longstanding uses. These types of disputes include invalid easements, easements by necessity, and prescriptive easements.
- Construction flaws and design defects: The design, construction, and quality of materials used in a structure can determine its value and how it holds up over the years. When a contractor fails to adhere to minimum standards of construction, the negative effects can be significant and cost the buyer thousands of dollars.
- Quiet title disputes: Our law firm provides legal services in actions filed by owners, lien holders, or private lenders who want to clear adverse claims or disputed ownership of property and obtain a judicial determination of the rightful owners.
- Partition actions: A partition is a legal action to force the sale of property when joint owners cannot agree on its sale or development. Once this action is initiated, the court will appoint an appraiser to determine the value of the property and establish a sales price. The court can then divide the property into separate parcels, force a sale and divide the proceeds, or compel one owner to buy out the other owner’s interest in the property.
- Foreclosures: Our law firm represents clients in actions to foreclose on delinquent mortgages and in negotiations in lieu of foreclosure, such as short sales.
- Landlord tenant disputes
Other Legal Services
At the Law Office of Steven J. Horn, our experienced real estate attorneys can also assist you in a variety of other real estate disputes, including:
• forgery of documents
• fraudulent conveyances
• landlord and tenant disputes
• commercial and residential leases
• boundary disputes
• nuisance and trespass
• condominium law
• escrow disputes
• eminent domain issues
• land use, zoning, and variance disputes with municipal or county government
• premises liability issues
California Real Estate Attorney
If you are involved in a real estate dispute, we provide experienced and skilled legal representation. We will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Contact our offices today.