Real Estate Litigation

There are nearly as many types of real estate disputes as there are transactions. We offer a full array of litigation services involving the following types of real estate disputes:

    • Failure to Disclose in Real Estate Transactions – After a sale is complete, there are often disputes regarding sellers’ alleged failure to disclose to the buyer material defects regarding the property, including structural problems or additions made without proper permits.
    • Quiet Title – When there are unsettled claims of title to real property which cloud an owner’s title and/or interfere with or prevent a sale, litigation may be used to request that the court declare those claims invalid.
    • Buyer/Seller Disputes – When parties to a purchase agreement fail to close escrow as contracted, a party may seek specific performance – a court order that the other party perform – or seek monetary damages for losses arising from the failure to complete the transaction.
  • Enforcement of Purchase Agreements – When parties to a purchase agreement fail to close escrow as contracted, a party may seek specific performance – a court order that the other party perform – or seek monetary damages for losses arising from the failure to complete the transaction.
  • Broker & Agent Disputes – Realtors are held to a high standard of conduct. If realtors fail to live up to that standard and their clients suffer financial loss as a result, there may be claims of breach of fiduciary duty, errors and omissions, or undue pressure to buy.
  • Encroachments and Easements – Encroachments occur when a portion of a house or other building structure on a property crosses over the property line into a neighbor’s property. Easement matters may arise between neighbors, or between property owners and local government and utilities, over the validity or scope of easements, or whether they have been created by prescription or necessity.
  • Partition Actions – It is public policy in California that a person can not be forced to own real property that they do not wish to own. Accordingly, when more than one person owns a single piece of property, one of the owners can file a lawsuit to force the sale of the property.
  • Neighbor Disputes – Neighbors have disputes regarding property, boundaries, fences, nuisance and zoning issues.
  • Property Boundary Disputes – The exact location of the boundaries of each property can be a significant factor affecting the value of a particular property. Neighboring landowners can get into a dispute pertaining to the exact location of property boundaries when one property owner discovers that the property boundaries are marked incorrectly.
  • View Obstruction Disputes – Any residential or commercial property that has a nice view is worth more as a result of that view. If a neighboring property owner builds a structure or plants trees or brush that obstruct the view, this can have a significant affect on the value of the property that loses its view.

        • Tree Disputes – Disputes can arise between the owners of neighboring properties as a result of damage from tree roots and tree debris as well as the loss of sunlight or views resulting from tree growth.
      • Environmental and Regulatory Disputes – Real property is subject to a plethora of environmental regulations.  Disputes with federal, state, and local regulatory agencies can result in administrative and judicial litigation between the property owner and the agency.

 

Our experience in adversarial proceedings includes trials before judges and juries as well as alternative dispute resolution forums such as non-binding mediation and binding arbitration. While we have had success resolving disputes outside the courtroom, we are fully prepared to try any case in state or federal trial and appellate courts. In every instance, our goal is always the same: to provide the best, most cost-effective service for our clients who include property owners, sellers, buyers, developers, and investors, as well as landlords, and tenants.

Contact Lunski and Stimpert LLP today. Initial consultations are free of charge.

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