real+estate_straighten.jpg

Real Estate

You think you have a deal. Then one party backs out of the deal. When a real estate deal goes south, you may have a legal remedy available to you. Or if you and a joint tenant of a property can’t get along, you can force a sale of the property by way of a partition action. The judge can order the property sold or appraised allowing one party to but the other out. Another common problem arises after you make an offer on a property that is accepted and the seller suddenly changes their mind. An action for specific performance to force the seller to sell the property to you is an option. There are times when an unscrupulous agent or lawyer will encumber your property with a lis pendens or mechanic's lien, you will need the help and advice of an experienced real estate attorney. .

Common Real Estate Issues

  1. Family Disputes with Ownership of Real Estate

  2. Forced Sale of Property by court when you and co-owner can't agree. (Partition)

  3. Remove Clouds of Title on your property. (Quiet Title)

  4. Landlord/tenant disputes Alternative Dispute Resolution

  5. Remedies for Nuisance & Trespass

What is a Lis Pendens?

lis pendens literally means a “Notice of Pending Action.” In other words, it is a notice to the world that there is a lawsuit regarding title to that real estate... California law relating to lis pendens filings is found in the California Code of Civil Procedure starting with Section 405

What is a Quiet Title action?

quiet title action is one in which one party who has an interest in a piece of real estate brings a lawsuit against another party claiming to have an interest in that property, in which the requesting party (the plaintiff) is asking the court to rule that the other party (the defendant) does not actually have the legal title

What is a Partition action?

When a property is jointly owned and a dispute arises about how to divide it, parties can initiate a partition action: a request to the court to divide real property equitably between the interested parties.