San Diego, CA Real Estate Litigation and Fraud Attorneys
Our San Diego real estate litigation and fraud attorneys represent buyers, sellers, and owners in a variety of real estate disputes and lawsuits, including:
- Breach of Purchase and Sale Agreements. We regularly represent buyers and sellers in disputes over performance and breach of purchase and sale agreements, such as refusals to perform and untimely performance.
- Real Estate Fraud / Failure to Disclose. Unfortunately, after real estate transactions close, buyers and sellers often get into disputes over whether certain information was disclosed regarding the property or desirability of the property, such as water damage, cracked foundations, or neighborhood issues.
- Boundaries, Easements, and Encroachments. Property lines are vital to property ownership, enjoyment, and value, especially in populated Southern California.
- Quiet Title Lawsuits. Disputes over real property ownership can arise well after a purchase, especially when disputes come up between purported co-owners and, unfortunately, family members.
- Homeowners’ Association (“HOA”) and Common Area Disputes. Living with difficult HOAs can be extremely frustrating, especially when an HOA fails to remedy damage or other issues for which it is responsible.
San Diego Real Estate Agent and Broker Lawsuits
California law prevents realtors and brokers from taking advantage of their clients in numerous ways, including:
- Duty of Loyalty. Real estate agents and brokers are in a “fiduciary relationship” with their clients. So, they must act with the highest good faith, undivided service, and loyalty to you. They must act solely for your benefit, with no adverse or other interests, and must also obey your instructions.
- Duty of Due Care. Real estate agents and brokers must perform with skill, care, and diligence. This includes drafting real estate documents carefully. This standard is measured by, among other things, the education, knowledge, and experience of other California agents and brokers. Failure to do so any of this is negligence. Negligence is one of the most common legal complaints against real estate professionals.
- Duty to Investigate and Disclose. Real estate agents and brokers are obligated to learn and disclose the “material facts” about the property/transaction. Material information is information that would affect your decision to enter into the transaction. This must be done fully and completely. So, there’s a duty to investigate, research, and then advise you regarding such important information. This includes, but is not limited to inspecting the premises. This also includes a duty to verify information received from the other party (or, at least, tell you it’s not verified).
- Selling Broker’s Specific Duty to Prospective Residential Buyers. While the selling broker is not in a fiduciary relationship with the buyer, California law nonetheless specifically requires that broker to conduct a reasonably competent and diligent inspection of a residential property and to disclose to a prospective buyer all facts materially affecting the value or desirability of the property that such an investigation would reveal.
When buyers uncover a property’s inadequacy, it may be months or years after the deal has closed, but clients who have been deceived can still hold their agents and brokers accountable.
San Diego Commercial Landlord/Tenant Disputes
Our team of San Diego real estate litigation and fraud attorneys have an in-depth understanding of landlord/tenant laws in the state of California. We regularly help clients address a range of disputes, including:
- Breach of Commercial Lease Agreements;
- Breach of Exclusive Right Provisions (e.g., allowing more than one industry in a strip mall), and
- Failure to Provide Suitable Conditions for a Business (e.g., not resolving issues where other tenants are harming one’s business).
Being proactive is one of the best ways both landlords and tenants can approach their relationships. We can help prevent some of the most common disputes and are fully prepared to take any complex or unforeseeable actions to trial.
San Diego Real Estate Litigation and Fraud Lawyers
At The O’Brien Law Firm, we believe in taking a personal approach to every case. From day one, you will have access to our founding lawyer, John O’Brien. We have earned a reputation for excellence among clients and lawyers in the legal community. Our commitment to client contact, limited number of cases, and personal approach have allowed us to focus entirely on business litigation matters, including real estate litigation and fraud.
For more information or a free case evaluation, contact us at our office in San Diego office at 619.535.5151.