Real Estate Law Attorney in Laguna Hills, California
Taking the Right Actions for Your Transaction
In one form or another, everyone must deal with real estate matters. Whether you are a buyer, seller, landlord, tenant, owner, neighbor, contractor, broker, or agent there are steps that can be taken to minimize the chance of a legal dispute. Avoiding legal problems and minimizing their effect requires planning and taking steps to protect your interests. One way of accomplishing this is through the use of properly drafted agreements which clearly define the rights and obligations of the parties. Anticipating possible sources of disputes is part of this process. Finally, the use of one or more corporations or limited liability companies can provide another layer of protection.
If the dispute is unavoidable, however, it is important to prepare and plan to deal with the problem in a way that gets it resolved efficiently and successfully. Our goal is to help our clients achieve these end results.
Real estate law in Laguna Hills and the rest of California are always changing. No matter what side of the coin you're on, make sure you have me by your side to assist you with any real estate legalities.
Common Real Estate Problems
Evictions are an exacting process. California law requires that proper notice be given before the lawsuit is filed. Because an eviction is treated as a summary procedure, it moves quickly to trial returning the property to the landlord without excessive delay. We handle evictions for both commercial and residential properties. We predominantly represent landlords, however, we also represent commercial tenants, typical tenants in shopping centers. I have extensive experience in drafting and litigating leases and rental agreements. If an eviction is to take place, experience is essential.
Breach of Contract Disputes
I have litigated and resolved many such disputes involving sales transactions, commercial property usage, leases, options, construction, and many more. I will pursue damage claims and provide full defenses when appropriate.
Failure to Disclose and Related Fraud Issues
Sellers of residential real estate are required under California law to disclose known problems with the property in writing to the buyer. A buyer who has purchased a home that has defects or problems that should have been disclosed by the seller can recover damages. It is important to act quickly once these problems have become apparent. I have prosecuted and defended many such claims successfully.
Homeowners Association (HOA) Disputes
The majority of homes located in Orange County are governed by homeowner and condominium associations. When issues or problems arise between a homeowner and the HOA, there are alternative procedures available that may help resolve them without having to resort to filing or defending a lawsuit. Any dispute with an HOA begins with the CC&Rs (the governing documents for the HOA). They must be explicit in what is allowed or disallowed. Homeowners have a number of rights and protections with regards to the enforcement of the CC&Rs, assessments, and enforcement of past-due assessments. I have represented many homeowners with issues involving homeowners associations.
We represent contractors, material suppliers, and property owners involved in the construction process and with problems that arise as a result. There are steps that property owners can and should take to minimize the risks associated with construction and there are steps that contractors and material suppliers can take to ensure that they get paid. These begin with the bidding process and run through to the end of the project and include contract claims, change orders, delay claims, accelerations claims, mechanics liens, bond claims, and others.
This is a remedy that is available to force the sale of a jointly owned property when one of the owners refuses to do so. It is a complex area of the law which requires several critical steps in order to protect your interests. The relationship between the parties, express and implied agreements between them, and the usage and occupation of the property are all factors that can affect the ultimate outcome of the case. If the parties cannot resolve the case between themselves, the court has the power to appoint a referee to sell the property and distribute the proceeds from its sale in accordance with the order of the court. I have litigated and resolved many of these types of cases.
We frequently represent buyers and sellers of real estate in Laguna Hills, California. If, after the contract is signed, one side decides they will not complete the transaction, the other side may pursue claims for specific performance. This is a remedy available to a buyer where their seller refuses to perform under the contract between them. The buyer has to show that they have already fulfilled or that they can fulfill what is required of them under the contract. It is frequently coupled with the recording of a lis pendens against the property which prevents the seller from selling or obtaining loans secured by that property. There are many facets to this type of claim which can affect the ultimate outcome of the case. Sellers may also pursue these types of claims depending on the particular circumstances.
Easements, Neighbors, and Encroachment Disputes
When a boundary line has been crossed by a neighbors' driveway or their garage or other building it results in what is called an encroachment and is actionable in court. A common problem between neighbors can also result from the fences and walls separating their properties. Unknown rights may exist with regard to the use of another's property by way of an easement. Because these usually involve disputes between neighbors, I strive first to bring the parties to mediation in an attempt to settle the dispute. If this is unsuccessful, litigation must be the next step.