Real Estate

Broker-Agent Fiduciary Duties in Real Estate Transactions

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 statutory and common law. However, the most important duty a real estate broker …

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Real Estate Litigation: Owner Purchase Agreements and Defect Claims

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 3 sometimes overlapping legal frameworks that govern an owner’s residential real property construction …

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Litigating Disclosures in Real Estate Sales Transactions

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 transaction in which the buyer is unaware of many of the conditions of …

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How to Select and Hire a Contractor

Hiring and selecting a contractor is a critical decision, a decision that a construction defect attorney with 35 years of experience can offer valuable insights to, having seen decades worth of situations where the relationship between the owner and contractor ends up in litigation or where the contractor simply does not perform. Certainly, many lawsuits …

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Breach of Contract in Real Estate and Construction Defect Cases

Breach of contract is a key element of real estate and construction defect litigation. This is because, in many circumstances, there is a contract involved that has been breached or violated that gives rise to a cause of action and an avenue for a remedy: that is to recover money damages for breach of contract.  …

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Statutes of Limitations in Real Estate Contracts and Litigation in California

Statutes of limitation exist in every state and in Federal law as well. Statutes of limitation are laws that define the time limits for filing a civil action (as opposed to a criminal action). Once the statute of limitations has passed, or “run”, the right to file a lawsuit no longer exists and the claim …

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5 Ways to Protect Yourself when Hiring a Construction Contractor in California

Many of the problems that are caused by Construction Contractors in California are the result of poor workmanship, lack of supervision and a lack of financial resources to stand behind their work, when the work is defective or substandard. While these issues are difficult to prevent, these issues provide a series of inquiries and steps …

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Mediation and Arbitration in Real Estate and Construction Defect Litigation

Many real estate purchase and sale agreements contain mediation and arbitration provisions. How these provisions work in real estate and construction defect litigation is an important facet of the litigation process, one that is important to understand and use to you benefit.  Mediation in Real Estate and Construction Defect Litigation Most if not all mediation …

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What is Specific Performance and When is it Available in a Real Estate Contract

Specific performance is a remedy in contract law that is most often applied in real estate litigation and disputes where a court issues an order requiring a party to perform a specific act, and to specifically perform according to the terms of a contract. The most common cases where specific performance is applied is in …

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