Real Estate Purchase and Sale Disputes: The Enochs Law Group
When you purchase or sell real estate in San Diego, you’re participating in a complex and nuanced process, and many things can go wrong. Sometimes, buyers discover undisclosed issues or title problems. Other times, real estate deals fall through due to contingencies or disputes. An experienced real estate lawyer at The Enochs Law Group can help resolve these problems quickly and efficiently to protect your financial and strategic interests.
Real Estate Disclosure Disputes
Sometimes, a party to a real estate transaction will either negligently or intentionally fail to disclose material issues about the property. For example, if a seller knows of a defect, they must disclose the issue to potential buyers via the California Association of Realtors’ Transfer Disclosure Statement and Seller’s Property Questionnaire forms. When a buyer believes that the seller’s disclosures were insufficient, litigation frequently follows
Real estate defects that may lead to disputes include:
- Cracked slabs and foundations
- Water damage
- Mold damage
- Unpermitted construction projects
- Property liens and other encumbrances
If your dispute involves insufficient disclosures on the California Association of Realtors’ forms, keep in mind that these forms include a contractual attorney’s fee clause. So, if you prevail in court, the other party may have to pay your reasonable attorney’s fees and litigation costs.
Contractual Disputes Involving Buy-Sell Agreements
Many purchase and sale agreements contain complicated terms and conditions. When someone violates these terms, it can result in a breach of contract claim. We frequently handle disputes involving:
- Purchase and sale agreement contingencies
- Financing issues
- Property inspection findings
- Earnest money and escrow payments
- Specific performance claims
We Build Relationships on Trust and Respect
We Approach Every Case With a Business Mindset
While you may be familiar with BATNA (best alternative to a negotiated agreement), it’s a technique many lawyers don’t know about or understand. At The Enochs Law Group, we believe our clients deserve pragmatic, informed advice, so we apply proven business principles like BATNA to litigation.
During negotiations, identifying your BATNA can lead to better and more efficient outcomes. However, before you can define a BATNA, you first need to:
- Set your priorities and objectives
- Identify all your data and metric-based alternatives
- Evaluate the advantages and disadvantages of your options and place the options in a hierarchy
- Build a secondary course of action in case your negotiations fail
- Calculate the least favorable outcome you’re willing to accept
If you think this doesn’t sound like a typical approach to real estate litigation, you’re right. We don’t create legal strategies based on tradition. Instead, we use data, creativity, and critical thinking to give our clients an edge.
Legal Resources and Information
Read our blog to learn more about legal issues that interest you and stay up to date on the latest developments in California real estate and business law.
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