At The Wilson Law Firm, we have a reputation for accepting and successfully litigating challenging and complex real estate law cases other law firms are unwilling or unable to handle. If you need an experienced California real estate litigation attorney, there is no better choice. Real estate lawsuits frequently hinge on legal concepts and real estate law particulars that many attorneys may not be familiar with and have no experience handling. Our decades of experience practicing California real estate law mean you can depend on our knowledge and expertise as we move your case toward the desired end goal.

The Wilson Law Firm litigation attorneys have litigated cases. We’ve been to trial in courts throughout California (and outside of the state). The Wilson Law Firm has a long and respectable history of participating in mediations, arbitrations, mandatory settlement conferences, etc. Our experience in all facets of California real estate litigation provides our clients with a vast advantage over the opposing party in their case. We work closely with each client to evaluate the situation, create legal solutions, and implement the best solution in the most efficient manner possible.

Some of the areas in which we have experience include:

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. 

Real Estate Fraud

Real estate can be a challenging industry, but many of these challenges can be minimized with the assistance of an experienced and trusted California real estate attorney. The Wilson Law Firm defends our clients’ investments and interests with comprehensive knowledge and a proven trial skill set – both of which are necessary to achieve optimum results. Alleged misrepresentation, nondisclosure, or concealment of material facts…regardless of the type of real estate fraud, we have the experience you want on your side.

The legal duty of disclosure in California creates certain obligations for real estate buyers, sellers, and real estate agents. Under California law, there is a duty to disclose any known material facts that could affect the buyer’s decision. “Known material facts that could affect the buyer’s decision” may include known construction defects, questions or problems regarding the property title, and other issues that could affect the property’s value or desirability.

California’s duty to disclose also applies to the sale of “as is” properties. Failing to make the buyer aware of relevant problems, issues, and facts about or related to the property can be defined as real estate fraud.

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