For most people, the purchasing of a home is the most significant and important transaction of their lifetime. This is because it is typically the most expensive transaction of their lifetime, and quite often the property they are purchasing will be their home for the majority of the remainder of their life. Unfortunately because these transactions are so important to everyone involved, disputes will arise.
Real estate contract disputes include varying situations including, for example, when a buyer or seller refuses to complete the transaction, or when a seller fails to properly disclose defects relating to the property, or when there are title defects or clouds on title.
These disputes can involve a lot of different parties including the buyer, the seller, the buyer’s real estate broker and agent, the seller’s real estate broker and agent, title insurance companies, homeowner’s insurance companies, and home inspectors, among others. As a consequence of the varied parties and the importance of the transaction, these disputes need to be handled carefully. A variety of strategic questions will need to be answered at the onset such as, do I need to demand mediation prior to initiating legal proceedings; Should I first submit the claim to my insurance company or title insurance company; Should I arbitrate the dispute or file a lawsuit; What is a lis pendens and what is its impact on the case and the outcome of the case; What do I do if the other party ignores my demands for mediation or arbitration. These are just a few of the issues that can come up early on in a real estate contract dispute. Therefore, it is important to get timely advice from a competent real estate attorney.
I regularly represent clients in the East Bay, California, in Oakland, California, in Walnut Creek, California, and throughout the Bay Area, in real estate contract disputes. If you have questions, or need representation by a California real estate attorney involving a dispute regarding a real estate transaction, please feel free to contact me to discuss your case or to arrange for a consultation. I can be reached at (510) 465-0025 or (925) 708-3306.