Real Estate Disputes and Transactions
Comprehensive Real Estate Representation
Disputes arising out of real estate transactions fall into two main catagories: misrepresentation cases and breach cases. Misrepresentation cases concern allegations that one or more parties and sometimes brokers either misrepresented or omitted important facts about real property in order to induce the purchaser to contract. Had the purchaser known the true facts, he or she would not have entered into the agreement.
Breach cases concern claims that one party failed to perform its obligation under the contract and the failure to perform was the legal cause of damages. Breach of contract cases are common in real estate sales, remodeling, building construction and building financing.
We handle the following matters fraud, breach of contract, contractor disputes, construction litigation, breach of lease, specific performance, ownership disputes, partnership disputes, partition, quiet title, neighbor disputes, commercial landlord/tenant matters, boundary disputes, adverse possession, easement and right of way lawsuits.
Real Estate Transactions:
Lots of transactions can be handled without an attorney–a typical residential purchase, renewing a lease–are examples. In commercial real estate transactions it usually makes sense to consult an attorney. The cost of obtaining a legal opinion is modest in comparision to the cost of litigating a dispute. The goal is to make the obligations of the parties clear in the agreement and plan for an expedited and cost efficient method of dispute resolution. (Even if the contract states that attorneys fees and legal costs will be awarded to the prevailing party in the event of a dispute, a litigant usually must pay those fees and costs to initiate and prosecute the claim. ) The effect of a bankruptcy filing by the defendant can destroy any hope of recovery. The best litigation strategy is to avoid it if possible. Judge Learned Hand (really his name, you can’t make this stuff up) stated: “That, as a litigant, I should dread a lawsuit beyond almost anything short of sickness and death.” Avoid litigation by engaging an attorney to help structur your transaction.
Worried about a lawsuit or dispute arising out of the purchase, sale, or investment in property or other issues such as contracts between business partners or broker fraud? Call us for a free consultation. Beverly Hills Business Attorney Galen Gentry can help minimize lawsuit exposure and effectively litigate disputes when you have been wronged. With 25 years of experience and the highest rating for legal skills and ethical conduct from avvo.com and martindale.com,Galen can work with you to avoid costly legal problems through proper planning. Call 282 7521 for a free, no obligation consultation. Serving clients in Southern California including Los Angeles, Beverly Hills, Santa Monica, Hollywood, The San Fernando Valley, Glendale, Pasadena, Ventura County, Orange County and Long Beach