California real estate transactions are among the most significant financial events in a person’s or business’s life, and disputes arising from them can be equally significant. Whether you are a buyer, seller, landlord, tenant, developer, or investor, real estate disputes can disrupt your plans, threaten your financial position, and create legal liability if not handled correctly. The real estate litigation attorneys at SBEMP Attorneys LLP represent clients throughout the Coachella Valley and California in the full spectrum of real estate disputes.
Common Types of Real Estate Disputes in California
Purchase and Sale Disputes
- Seller’s failure to disclose known material defects, California imposes broad disclosure obligations
- Buyer’s failure to close escrow on time or failure to perform contractual obligations
- Disputes over earnest money deposits following a failed transaction
- Misrepresentations by either party or by real estate agents about the property or transaction
Boundary and Easement Disputes
Property boundary disputes arise when neighbors disagree about where one property ends and another begins. Easement disputes concern the right to use a portion of another person’s property for a specific purpose, access roads, utility lines, drainage, and other uses that require crossing another’s land.
Landlord-Tenant Disputes
California has some of the most tenant-protective laws in the country. Common disputes involve wrongful eviction claims, security deposit disputes, habitability issues, rent control compliance, and unlawful detainer proceedings.
Construction Defects
Construction defect claims arise when a newly constructed or renovated property has defects in design, materials, or workmanship that cause damage. California’s Right to Repair Act (SB 800) provides specific procedures for construction defect claims against builders of residential properties.
Partition Actions
When co-owners of real property cannot agree on how to use or dispose of the property, a partition action allows any owner to seek a court-ordered division or sale of the property. Partition actions are common in divorce, probate, and investment partnership dissolution contexts.
The Role of Mediation in Real Estate Disputes
Many California real estate contracts include mandatory mediation clauses, requiring the parties to attempt mediation before pursuing litigation. Even when not contractually required, mediation is often a cost-effective first step. SBEMP’s real estate litigators represent clients in both mediation and litigation, providing strategic advice about when settlement makes sense and when proceeding to court is the better option.
California’s Disclosure Requirements: A Common Source of Disputes
California imposes extensive disclosure obligations on sellers of residential real estate, more than most other states. Sellers must disclose known material defects, environmental hazards, and neighborhood conditions affecting the property. Failure to make required disclosures can expose sellers to liability for fraud, misrepresentation, or breach of contract.
SBEMP provides real estate dispute representation to clients in Palm Springs, Indian Wells, Rancho Mirage, Palm Desert, La Quinta, and throughout Riverside County. To discuss a real estate legal matter, contact our attorneys today.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.