Real Estate Litigation
Breach of Real Estate Purchase Agreements
There are many potential claims connected with a real estate purchase, including fraud, rescission, and breach of contract. For example, if the seller misrepresents or fails to disclose a material factor affecting the property in a real estate sales contract, the buyer may have a claim for fraud. In such a case, the buyer may also seek to rescind the agreement, receiving a return of all the money paid for the property and returning the property back to the seller.
Call us if you want to know if you have a claim for breach of a real estate purchase agreement. We will discuss your legal issues and help you to evaluate what course of action to take.
Resolving the Dispute
When there is a dispute between a buyer and the seller, the process they are required to use to resolve it is identified in the real estate purchase agreement. When forming the contract, the parties choose either arbitration or a lawsuit in court to have any claims related to the contract decided.
The California Association of Realtors form of Residential Purchase Agreement also requires the buyer and seller to first participate in mediation to attempt a settlement of any such claims before resorting to arbitration or court action. If any of the parties commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party cannot recover his attorneys’ fees if he wins at the arbitration or trial.
Real Estate Litigation
Are you involved in a real estate dispute in Orange County or the greater Southern California area? Are you looking for competent and experienced legal representation to resolve the matter in a cost-effective and timely manner? If so, contact real estate attorney Debra Grimaila Esq. to arrange a confidential consultation. Our Orange County real estate litigation lawyer will review your legal situation and provide a case evaluation to advise you on the best course of action.
Representing Clients in Real Estate Litigation Matters Throughout Southern California
Real Estate Disputes – Real estate attorney Debra Grimaila Esq. represents sellers, buyers, lenders, developers, owners, lessors, brokers, and other interested parties involved in a real estate dispute. Debra Grimaila Esq. is experienced in alternative dispute resolution methods, such as mediation and arbitration, which are less costly and less stressful for all parties involved. An advantage of mediation and arbitration is that they are completely private and confidential. However, if those reasonable approaches are rejected, attorney Grimaila is a skilled real estate litigation attorney who can fiercely protect your interests via civil litigation in the courtroom.
Failure to Disclose in Real Estate Transactions
Failure to disclose material facts in real estate transactions, including both purchases and leases, can cause major financial losses for trusting buyers and tenants. A material fact is any information that could potentially affect the sales price or the long-term value of a property.
Orange County real estate attorney Debra Grimaila Esq. is aggressive in protecting the rights of people who have suffered financial losses as a result of failure to disclose material facts.
Specific performance is a form of relief requiring the party who breached or defaulted on the contract to fulfill the terms of the contract. If the seller is able to perform her agreements in the contract but is unwilling to do so, the buyer may bring a lawsuit for specific performance. The courts generally recognize that each parcel of land is unique and that a monetary award would be inadequate and will order the seller to convey the property to the buyer, according to the terms of the contract.
When a lawsuit is brought for specific performance of a contract to convey real property, the plaintiff (the person bringing the suit) may file a notice of pendency of action to prevent any transfer of the property to a third person until resolution of the lawsuit. The notice is called a lis pendens, and is recorded in the county recorder's office. The effect of filing this type of notice is that the seller won’t be able to sell the property to another buyer while the lawsuit is pending. Such powerful tools can be used by your attorney to effect a faster, out-of-court settlement that may be the solution that you are seeking.