Real estate litigation is one of Norton & Associates’ highly developed areas of expertise which focuses on litigation arising from real estate and real property transactions. Litigation is an essential path to protect the value of real estate where there has been fraud, non-disclosure, concealment or hidden defects which affect the value and marketability of the specific real property acquired. Where the value and marketability of a property is diminished by fraud and misrepresentation, or where a property simply isn’t what it was represented to be, the burden of that loss should be borne by those responsible. Timothy Norton has been successfully litigating these cases for 35 years.
Real estate transaction disclosure requirements in California are simple and straight-forward: requiring compete and full disclosure of all known facts and conditions materially affecting the value or desirability of the property from the perspective of the buyer. Not surprisingly, many real property disclosures fail to comply, through the intentional manipulation of information and disclosures to the advantage of the seller. Many of these are minor. However, when they seriously affect the value of the property, the law provides rights, protections and recovery to the property owner.
These disclosure requirements extend to construction defects, which means a buyer may have recourse against a seller for known construction defects even though the property is not new and falls outside of the 10-year latent construction defect statute. The issue is simply whether the seller knew and failed to disclose the condition. When the property is less than 10 years old, the buyer may still have recourse against the builder-contractor, and this should be considered as a possible element of any claim. Still, important other statutes of limitation apply, and it is vital that one act promptly upon discovering the issues and file a lawsuit to protect one’s rights.
Real estate contract disputes are rarely accidental. They are most often the result of a calculated and intentional desire by one party to take advantage of another party, with brokers and agents either complicit or looking the other way, and quite often are the result of deception and fraud, leaving the new owner and buyer with a dilemma, whether to bear the loss or pursue recovery. A consultation and case evaluation with Timothy Norton is the key to gaining information and insight to resolve this dilemma and decide the best course of action.
Factors to consider are:
- Nature of the loss and it’s cause
- Statutes of limitation
- Information available to the other party at the time
- Facts as they are now known
- Market value of the property with and without the conditions and its current marketability
- The financial assets and viability of the target party, whether or not insurance is available
- Involvement of the brokers and agents
- Sales contract and any provisions governing arbitration
- And ultimately the experience, negotiating skill and savvy of the attorney who will pursue the claim.
The consultation will give you an invaluable insight into your claim, applying our skills and expertise to inform you about the viability of your case and the best strategy to pursue.
Timothy Norton has over 3 decades of experience litigating and winning real estate lawsuits, protecting investments, recovering losses, restoring investment value and where necessary, rescinding fraudulent real property transactions: a wealth of experience as a sole practitioner and lead counsel.
Experience, a record of success, a specialized expertise in this field and a sole practitioner’s personal attention to your case sets Timothy Norton and Norton & Associates apart. No other firm matches this level of direct personal involvement and control by the sole lead counsel, Timothy Norton, over every facet of the case. In fact, virtually all firms do the opposite, and use inexperienced associates to handle the core elements of the case. Norton & Associates’ places its expertise and skill at the forefront and squarely in the hands of Timothy Norton and the client, delivering personalized excellence and results.
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If you have construction defect issues and would like a consultation and in-depth analysis and evaluation of your claim, or if you have an ongoing case and would like a second opinion, call us today or fill up the form below for a consultation or appointment.
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