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Real Estate Litigation

Real estate disputes commonly involve Purchases, Nondisclosure, or actions for Specific Performance to force the seller to complete the transaction. Real estate litigation frequently also involves contract disputes similar to those encountered in business litigation and may have the same statutes of limitation.
 
Additionally, in rare fraud cases, the investor buys a distressed property and takes the equity for himself. These actions can be in violation of California Civil Code Section 1695, et seq.
 
Our firm handles Real estate litigation on an hourly fee basis plus costs incurred. An advance fee retainer is required before representation begins. When an advance fee retainer is used up, it must be replenished to the original amount. Our current hourly rate is $300 per hour.
 
For disputes over residential sales, many of the California Association of Realtors’ purchase agreement forms used by real estate agents have several clauses which apply specifically to disputes and litigation. For instance,
 
Clause 20: “Liquidated Damages” If both the Buyers and Sellers initial this clause, the initial deposit paid with the offer may be retained by the Sellers if Buyers default in the purchase.
 
Clause 21: “Dispute Resolution/Mediation” This clause provides the alternatives of mediation and/or arbitration for the resolution of disputes between Buyers and Sellers. Commonly, mediation is mandatory before going to arbitration or court. The penalty for non-compliance is the loss of your right to recover your attorney’s fees.
 
Clause 21B: “Dispute Resolution/Arbitration” If both Buyers and Sellers initial this clause, they agree that all disputes between them must be resolved only through binding arbitration.
 
Clause 25: “Attorney’s Fees” This clause entitles the prevailing Buyers or Sellers to recover their reasonable attorneys’ fees and costs from the non-prevailing party in any action, proceeding or arbitration arising out of that Purchase Agreement.
 
This firm represents landlords in unlawful detainers for residential or commercial properties.
Other types of real estate litigation include:

• Trespass
• Quiet Title
• Encroachment
• Nuisance

For real estate sales and mortgage lending services, contact www.mikerains.com