Effective Resolutions To Real Estate Disputes
Real estate represents some of the most significant investments that individuals and businesses make. When disputes occur regarding development, financing, construction, contracts or other aspects of real estate projects, the cost can be extensive and the delays can be difficult to rebound from.
The legal team at Finch Tetzlaff LLP provides experienced and assertive representation in a wide range of commercial and residential real estate disputes. Attorney Brent Finch has more than 10 years of experience handling these cases in various California jurisdictions. The firm represents sellers, buyers, brokers and agents in litigation involving all aspects of real estate projects, including:
- Breach of contract
- Breach of warranty
- Rescission cases
Real Estate Disputes Are Wide-Ranging
Many of these disputes involve discrepancies in transaction documents from the California Association of Realtors. These documents address purchase agreements, joint escrow instructions, transfer disclosure statements, seller questionnaires, a buyer’s inspection advisory or a notice of contingency removal.
We strive to resolve real estate disputes through negotiation in order to avoid drawn-out and expensive litigation. However, if a fair agreement cannot be reached without going to court, we always stand ready to litigate if that makes sense for our client.
Recoverable damages in real estate litigation may include attorneys’ fees and costs, loss of use and enjoyment of property, carrying costs, deposits, costs of repair, return or recovery of commissions, and/or unwinding a transaction.
Understanding The Obligations Of Various Parties
Importantly, all parties to a residential real estate transaction must perform their statutory and contractual obligations in good faith.
The seller of a property has a duty to disclose known facts that materially affect the value or desirability of that property.
A buyer has a duty to reasonably conduct due diligence to his satisfaction after reviewing disclosures and before removing contingencies and closing escrow.
An agent has a duty to conduct a reasonably diligent and competent visual inspection of the accessible areas of the property and disclose known facts.
We Represent Landlords, Tenants, Lenders And More
The firm also represents landlords and tenants in disputes involving unlawful detainers, wrongful evictions, premises liability and personal property claims.
We help lenders collect on secured loans, promissory notes, mortgages and deeds of trust. This includes initiating and litigating foreclosure actions or negotiating stipulated judgments.
In addition, Mr. Finch has a strong record of resolving disputes involving easements, property lines and lot line adjustments, as well as homeowners association (HOA) disputes.
The firm has numerous successful outcomes involving real estate litigation, including:
- A jury verdict regarding fraud and rescission claims. The firm represented sellers of a beachfront residence in Orange County involving mold and water intrusion issues
- Won a motion for summary adjudication and defeated a motion for a new trial for a national relocation company on a breach of real estate purchase agreement case involving nondisclosure of errant golf balls on golf course property
- Secured dismissals for without penalties for sellers, a relocation company seller, and a broker/agent in a fraudulent concealment and nondisclosure case in San Bernardino County. The binding arbitration matter involved roof repair and mold issues
- Prepared the winning motion for nonsuit and assisted in a jury trial in a wrongful foreclosure case for a national mortgage company
See more of Finch Tetzlaff LLP‘s case results by clicking here.