Breach of Contract – Most real estate breach of contract lawsuits include a breach of a purchase and sale agreement, a breach of a partnership agreement (related to property ownership), or a breach of lease.
Specific Performance – California law presumes land is unique, so a party is allowed to compel the purchase or sale of a property if certain circumstances exist. To win a specific performance lawsuit, particular requirements must be established.
Partition – When co-owners of California real estate property have a dispute, they may be solved by initiating partition actions. One party seeks a court order to compel the sale of a property or even divide property between co-owners. A significant portion of partition lawsuits are among family members, which can add additional layers of difficulty to the case.
Resulting Trust – When one party contributes money to the purchase of a property but does not want to be listed on the property title (often due to credit or judgment issues), a resulting trust may result. When problems occur, the legal owner listed on the title may refuse to recognize the other party’s ownership.
Real Estate Partnership Litigation – A significant portion of California property is held in a limited liability company, partnership, or corporation, so while real estate litigation among business partners is a specialized area of the law, it’s a vital area for many Californians.
Neighbor Lawsuits – Neighbor-on-neighbor lawsuits generally involve boundary or encroachment disputes, views from either property, trees, fences, and emotional issues.
Lis Pendens – Lis pendens (or Notice of Pending Action) is to give notice that a property is subject to a lawsuit that could have repercussions on property ownership or possession of the property. Lis pendens is not intended for use as a weapon in real estate lawsuits, to secure a potential future judgment, or to freeze a property during litigation. If you need to expunge a wrongfully recorded lis pendens, working with an experienced real estate professional is critical.
Quiet Title – Quiet title lawsuits typically develop when there is a problem with the chain of title. In many cases, the problem occurred years ago. Quiet title lawsuits involve procedural issues that even judges may be unaware of, so it’s essential to work with a real estate attorney that is well-versed in the procedural requirements for quieting title in the state of California.