Real Estate Litigation Attorneys in Riverside County, CA
Resolving Real Estate Conflicts Through Effective Legal Action
No one enjoys the prospect of going through litigation to resolve conflicts. Even so, California has some of the strictest laws on the books regarding real estate transactions and what individuals can do when their rights have been violated. Without having an attorney to advocate for your interests, you run the risk of jeopardizing your financial investment.
At Venable Legacy Planning & Law, our legal professionals realize that our clients simply want to protect their real estate investment. Our attorneys have significant experience helping clients resolve their legal issues so they can resume their lives. If you are dealing with a real estate legal issue or believe a dispute may be inevitable, contact our law offices today to schedule a consultation and learn how we can assist you.
What Legal Issues Can a Real Estate Litigation Lawyer Handle for Clients?
Although real estate litigation lawyers in the Inland Empire can handle a wide array of legal issues for clients, there are several that are more common than others. Some of the most common real estate disputes handled by attorneys include:
- Breach of contract
- Failure to disclose defects
- Title and property disputes
- Boundary-easement conflicts
- Residential and commercial lease disputes
Real estate litigation attorneys also handle cases involving construction defects, foreclosures, and partition actions that require the sale of property owned by multiple parties who cannot agree on its use.
Can I Sue a Seller For Failing to Make Proper Disclosures About the Property?
California law allows individuals to sue sellers for failing to make proper disclosures about known material defects that could affect the home’s value or desirability. Per state law, sellers must disclose these issues in a Transfer Disclosure Statement (TDS).
Some of the most common issues that often lead to real estate disputes include failing to disclose a material defect, such as a leaky roof or plumbing, foundation cracks, or unauthorized renovations. Even so, a buyer must be able to prove that the seller knew of the defect and failed to disclose it or fraudulently concealed it.
California has a strict two-year statute of limitations for non-disclosure issues, but the time can be extended to three years if the fraud was discovered after the time limit has elapsed.
If you suspect that the seller did not make full disclosures, seek legal representation immediately. A knowledgeable real estate lawyer can determine if you have a case and what legal steps you can take.
What is the “Bundle of Rights” in California Real Estate Law?
California has what is known as the “bundle of rights,” a set of legal privileges that property owners enjoy. The five core property rights under the law include the right to possess and occupy their property and to do with it as they wish. Property owners are also allowed to sell, lease, will, or transfer it temporarily or permanently. Property owners may also prevent or exclude others from entering or using the property for any purpose without outside interference.
If you feel that any of your rights have been violated, your first step should be to contact a real estate lawyer. A qualified real estate lawyer can determine whether a violation has occurred and what legal options you can take to resolve the issue.
If you are dealing with issues such as trespassing or other criminal actions, you are also advised to report the matter to local law enforcement. Having supporting documentation, no matter what legal issues you are dealing with, can significantly strengthen your case.
Can I Keep a Buyer’s Deposit if They Back Out of the Contract?
In today’s rapidly changing economic landscape, a common concern is whether a seller can keep a buyer’s deposit if the buyer backs out of a contract. In most cases, state law allows a seller to keep a buyer’s deposit if the buyer backs out without a valid reason, such as changing their mind, missing contingency deadlines, or failing to obtain financing. Buyers may be entitled to a refund if contingencies are not met, such as issues with the loan, inspection, or appraisal.
One of the key provisions in California real estate law states that a seller can issue a “Notice to Perform,” a formal, written document to compel the buyer to fulfill their contractual obligations. If the buyer does not comply within 48 to 72 hours, the sellers may keep the deposit.
Most California real estate contracts include legal provisions for ‘liquidated damages,’ which cap the amount a seller may recover from the buyer’s deposit.
Contact our Southern California Law Offices Today to Schedule a Consultation
No matter if you are having problems with residential or commercial property, having a skilled lawyer on your side is the best way to resolve your litigation issues quickly. Venable Legacy Planning & Law is a Riverside County law firm that is dedicated to helping clients navigate the state’s complex real estate laws.
Our attorneys put our years of experience to work for clients through mediation, arbitration, or civil litigation if necessary. Contact our law offices today in Hemet, CA, at 951-540-3714, or in Murrieta, CA, at 951-540-3592 to schedule a consultation with an experienced real estate attorney to determine your legal options.