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
About 4 years ago a friend referred me to Alan Enoch’s for legal advice on a business matter. Alan immediately proved how valuable he would be to my business through his well thought out responses and knowledge of the law. Since that first meeting, Alan has been representing me personally, as well as 4 businesses I own. He continues to work tirelessly to ensure my entities are protected. My company interviewed many lawyers in the past before the introduction to Alan. I will put it very simply what sets Alan apart from all the others; He cares. He genuinely cares about his clients and wants the best for them. He will review each potential issue in depth to gain the knowledge to provide honest advice as to whether it is worth pursuing or not.
My advice to anyone that is looking at hiring Alan…. do it before your competition does. I want Alan on my side of the courtroom, not on the side that’s against me.
"I want to thank you for all the hard work that you've done for our company over the years. We've had small matters that were handled very quickly. We've also had large matters that needed very aggressive representation and you've represented us in a stellar manner. If you're looking for a truly aggressive law firm, someone who is going to look at your case in a thorough manner and is going to be very strategic in both the short term and long term, please call Alan Enochs."
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.
If you are considering purchasing a residential property in California that is in foreclosure, you should be aware that you are about to engage in heavily regulated activity. Those of you that know me are aware that I am no fan of burdensome regulation. But, if you are seeking to invest in residential properties, you…Read More
If you are investing in real estate through a suspended LLC or corporation, this is a bad idea. Imagine that you have identified a fantastic real estate investment opportunity, and you have the purchase of this real estate under contract. However, before you close escrow, the seller develops sellers’ remorse. The seller tells you that unless you substantially…Read More
California legislators just passed a historic rent control bill, becoming one of a growing list of states to pass statewide rent control and other tenant protections. The bill is expected to be signed into law by Governor Gavin Newsom, who supported its passage through the legislature. Read on for details about the new law, and…Read More
If you are a landlord with residential properties, then you have probably dealt with your share of problematic tenants. You may have dealt with tenants who don’t pay rent on time, who bring in pets or long-term guests without permission, who make too much noise, etc. You may have dealt with a hoarder. Hoarding in…Read More
New Real Estate Fraud Charges Against Woman Already Accused of Multi-Million Dollar Scam Targeting Elderly Californians
Real estate ownership and management can be complicated, particularly for elderly Americans. California has several laws in place that specifically protect the elderly in property transactions in order to prevent unscrupulous parties from taking advantage by means of fraud or undue influence. A recent criminal fraud case out of Los Angeles illustrates how a deceitful…Read More
Flipping real estate, especially if you’re a relatively new investor, may entail purchasing a new property before the sale of a previous investment is complete. This may mean that funds critical to a new purchase are tied up but will soon become available. In these cases, some real estate investors opt to take out bridge…Read More