Common Types of Real Estate Litigation

Fraud / Non-Disclosure of Defects

After a sale is complete, there are often disputes regarding sellers’ alleged failure to disclose to the buyer material defects regarding the property, including structural problems or additions made without proper permits.

Quiet Title

When there are unsettled claims of title to real property which cloud an owner’s title, which  may interfere with or prevent sale, litigation may be used to have a judge declare those claims invalid.

Disputes with Real Estate Agents or Brokers

Realtors are held to a high standard of conduct; it is often claimed that they do not live up to that standard, and that their clients suffer loss as a result. There may be claims of breach of fiduciary duty, errors and omissions, or undue pressure to buy.

Easement and Neighbor Disputes

Easement matters may arise between neighbors, or between property owners and local government and utilities, over the validity or scope of easements, or whether they have been created by prescription or necessity. Aside form easement issues, neighbors also have disputes regarding boundaries, fences, nuisance and zoning issues.

Zoning and Land Use Disputes

Litigation often arises when Government requires developers and homeowners to abide by legal use restrictions in order to obtain permits, or seeks to enforce zoning laws against alleged unlawful uses.

Foreclosure

Foreclosures are all too common these days: lenders rely upon contractual or judicial foreclosure remedies against owners those who fall behind in payment.  Procedures must be properly carried out for the foreclosure to result in sale of the property.

Condemnation

Government may directly seek to obtain privately held property, and litigation determines what they must pay, or an owner may seek compensation when government acts through lawmaking, enforcement or policy in a manner which takes private property.

Traktman Law Office is experienced in Real Estate litigation and in the transactions which lead to disputes; we can provide transactional advice which may prevent these matters from getting to the point of litigation, or can litigate to enforce your rights if that becomes necessary.

Enforcement of Purchase Agreements

When parties to a purchase agreement fail to close escrow as contracted, a party may seek specific performance – a court order that the other party perform – or seek monetary damages for losses arising from the failure to complete the transaction.

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