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In California, the measure of damages for tortious injury to real property, such as negligence, including damages caused by negligent construction defects, is governed in part by the so-called Lesser of Rule. Fraud, although a tort, is included, but may also involve
Real Estate Broker Fiduciary Duty Lawsuits and litigation frequently arise from California real estate transactions over the duties and disclosures a real estate broker is required to make to their client. There are multiple levels of duties owed to the client, both
Real Property owner’s construction defect claims and the damages recoverable vary and these variances are determined to a large extent by the purchase agreement through which the owner acquired the property. The legal landscape has changed over time, and currently, there are
Seller disclosures are a critical component of real estate sales transactions and are particularly important to residential real property purchase and sale transactions. Seller disclosures are required by law in California and are an integral and essential component of fairness in the
When to pursue a construction defect claim is fairly simple and is determined by the statutes of limitation. Simply stated, if you are aware of a possible claim, then the statute of limitations is running, and the claim will be time barred