Experienced Real Estate Litigation Law Firm
The Law Offices of Laurence R. Clarke & Associates represents both individuals and businesses in matters involving real estate disputes. Our areas of real estate practice include:
- Purchase and/or sale of property (residential and commercial)
- Landlord/tenant disputes (residential and commercial)
- Construction disputes (including construction defect litigation)
- Real estate contract disputes
- Residential and commercial foreclosures
- Counseling for all real estate transactions
- Failure to disclose
- Broker/Agent liability
Real Estate Litigation
While there is no simple definition for “real estate litigation,” it generally refers to any dispute or case arising out of a real property interest or dispute. Because so many cases involve the buying, selling, or leasing of property, real estate litigation very frequently involves basic contract law concepts (e.g., a homebuyer can sue the seller to force him/her to perform according to the purchase agreement).
Uniqueness of Real Property
But because of the unique nature of real property (e.g., no others like it; high value; property wherein people live or work), the law affords certain protection and creates barriers unique to real estate law. Predictably, this results in a rather complex and intricate field of practice.
At the Law Offices of Laurence R. Clarke & Associates, our attorneys are not only experienced with such issues, but also understand that very frequently, the client’s real estate dispute is deeply personal. In such cases (as in the rapidly expanding residential foreclosure climate), we understand, through experience, the common issues facing the client, and what he/she is likely to encounter in the future. This very often alleviates what can be a difficult process for any client. Moreover, our attorneys are adept at the complex and rapidly evolving field of real estate law, not only in the pure legal issues, but as they apply to each client’s individual situation. In short, we provide comprehensive and superior legal services in matters regarding real estate.
If you have a problem involving real estate litigation, please contact an experienced attorney at the Law Offices of Laurence R. Clarke & Associates for a consultation.
Some Real Estate Issues:
A foreclosure must be precisely conducted to be valid under California law. If proper notice or other procedures are not followed, the foreclosure can be declared invalid. The effect of this depends on individual circumstance.
A seller’s failure to disclose a defect in the property is a violation of California law, and can serve as a basis for the buyer to rescind (cancel) the sale agreement or recover damages.
Once a purchase agreement has been signed by the buyer and seller, the property is considered transferred to the buyer. This means that risk of loss to the house has passed to the buyer, despite any actual closing dates. A prudent buyer would arrange for insurance beforehand to cover any potential losses.
