Comprehensive Real Estate Representation
Litigation:
Disputes arising out of real estate transactions fall into two main catagories:misrepresentation cases and breach cases. Misrepresentation cases concern allegations that one or more parties and sometimes brokers either misrepresented or omitted important facts about real property in order to induce the purchaser to contract. Had the purchaser known the true facts,he or she would not have entered into the agreement.
Breach cases concern claims that one party failed to perform its obligation under the contract and the failure to perform was the legal cause of damages. Breach of contract cases are common in real estate sales,remodeling,building construction and building financing.
We handle the following matters fraud,breach of contract,contractor disputes,construction litigation,breach of lease,specific performance,ownership disputes,partnership disputes,partition,quiet title,neighbor disputes,commercial landlord/tenant matters,boundary disputes,adverse possession,easement and right of way lawsuits.
Real Estate Transactions:
Lots of transactions can be handled without an attorney–a typical residential purchase,renewing a lease–are examples. In commercial real estate transactions it usually makes sense to consult an attorney. The cost of obtaining a legal opinion is modest in comparision to the cost of litigating a dispute. The goal is to make the obligations of the parties clear in the agreement and plan for an expedited and cost efficient method of dispute resolution. (Even if the contract states that attorneys fees and legal costs will be awarded to the prevailing party in the event of a dispute,a litigant usually must pay those fees and costs to initiate and prosecute the claim. ) The effect of a bankruptcy filing by the defendant can destroy any hope of recovery. The best litigation strategy is to avoid it if possible. Judge Learned Hand (really his name,you can’t make this stuff up) stated:“That,as a litigant,I should dread a lawsuit beyond almost anything short of sickness and death.” Avoid litigation by engaging an attorney to help structur your transaction.
Loan Modification
SB94 went into effect on October 11,2009,it states in relevant part that no money may be collected before all work is completed for the modification and the client receives their modification from their lender. Since guaranteeing a successful loan modification is not possible,this firm has no choice but to refrain from engaging in loan modification negotiation for any new clients.
There are a some loan modification processing companies and law firms that are still performing loan modifications in the state of California. Some have claimed that they have found a way around SB94.
1. They revised their contracts and now accept funds upon completion of individual tasks.
2. They charge a fee for research and analysis and then do the negotiation for free.
3. They perform a ‘forensic loan analysis’for a fee and do a loan modification for free.
4.They sell Do-It-Yourself Kits.
We believe that all of the actions described above violate the law and California attorneys’obligations under the State Bar Rules of Professional Conduct.
