THE ALL-TIME BEST WAY TO DEAL WITH THE NUTS & BOLTS OF REAL ESTATE LITIGATION
The all-time best way to deal with the nuts & bolts of real estate litigation is to do everything in your power to avoid it! Litigation is literally, the court of last resort. I say this because litigation is no picnic for the parties involved. It is time consuming which means its expensive. It is tedious, looking for old documents, answering question after question, preparing for and testifying for a deposition, arbitration or trial, and so on. If you are going to litigate, think long and hard before you commit.
With the above said, far and away, more people litigate in the area of real estate than anything else. That is why it is so important for us to listen to you, to find out not only your legal issue but your practical needs and wants, so that we can create a workable, viable solution.
Our real estate litigation team can help you take legal action when you face disputes regarding land use or property-related issues. This may include a dispute between a buyer and a seller, or landlord and a tenant or between partners holding title to a property among other items. We provide a steady and knowledgeable guiding hand based on years in the field as well as from a law office to help make the process go more smoothly. Above all else, our job is to protect and advance your rights with property throughout California.
The main areas of contention are:
- Real Estate Fraud.
We see this all the time where a seller Fails to Disclose things such as Property Issues or Construction Defects, Unpermitted Construction, and/or other noteworthy issues. This can come about from a deliberate misrepresentation or though omission (not disclosing material facts).
- Purchaser-Seller Contract Disputes.
Perhaps one party took too long to complete the transaction or even walked away and never completed the deal. One party may want the deposit back if the deal was not consummated. Many times this will take the form of a property having an unpermitted dwelling unit that was not disclosed (which can often lead to or include Construction litigation). Anything that arguably diminishes the value of the property is fair game.
- Landlord-Tenant Disagreements.
The usual culprit is a broken Lease (Commercial or Residential). These days, we have litigated a lot of Habitability Complaints for residential tenants. Other common areas are Tenant Improvement, and Illegal Units.
- Neighbor Disputes.
You would be surprised at the number of times neighbors sue neighbors. A popular reason is Property Line disagreements. It may stem from the placement of Fences and Block walls. Generally, property owners erect a fence or wall where a previous one had been or where the owner thinks is the property line, but many times it is actually on the property of a neighbor. What happens to the fence? How is the adjacent owner compensated?
When something goes on the land of another, it “encroaches.” This could be something as simple as tree roots or branches or shrubbery but it can be as complex as where an owner will add on to a structure (residential or commercial) and sometimes it too, is on the land or another instead of the owner's land. That is really a BIG problem.
Depending on the time the structure or fence has been in place, one party may be entitled to the land by way of Adverse Possession (a term only a lawyer could love) or a Prescriptive Easement. When an encroachment exists for a meaningful amount of time without interference or complaint by the adjacent landowner, a prescriptive easement may be granted which will allows the continued use of the others property. We see that most often with fences and block walls that have been left untouched for years.
Still another problem area is when new construction is erected that block's a neighbor's view.
Occasionally we are called upon to assist property owners with Partition which pertain to joint owners of real property, such as with tenants-in-common. When two or more owners cannot agree on how a property is to be divided, one (or more) owners can file a= partition action to have a court decide. The most common way this is resolved is through the sale of the real property. The proceeds are paid out based on the owners' respective interests in the property, such as 50% - 50%.
- Construction Law.
While this is its own specialized area of litigation, I would be remiss if I did not mention it. I remember walking through a construction project (a food court in Koreatown) with the project supervisor and the project manager marveling at how the contractor has failed to follow the plans in erecting walls and ceilings. Why would they do that I asked? They both just stated at me and I say, “oh, right. That's why we're in business.”
We handle a variety of construction cases, principally in these areas:
- Construction defects (negligent work, not done per contract)
- Contract disputes (work done not in the contract or left out from the contract)
- Cost overruns
- Errors and/or Omissions by the Contractor
- Delays
- Mechanic's liens
- Unlicensed contractors and subcontractors
We have construction experts we utilize to assist us in helping you and in making you whole.
Be it real estate on construction litigation, they are complex matters that require knowledge of the law as well as formulating creative solutions.
Call me, Andy Baker, for a free,
25 minute Consultation
We'll “meet” on the phone, talk about your particular legal issue and we'll see if I can be of further assistance to you. I'll answer all your questions and when we're done, if you want, I can show you a couple of ways I can help.
By the end of the call, you'll:
- Understand the nature of your legal matter
- Feel RELAXED about your situation
- And have a much better idea of the legal and practical next steps you need to take to resolve your problem.
After 25+ years as an attorney working on both simple and complex legal issues, with government agencies all over California, I'm familiar with how the system works in the areas of law I practice, what the codes and land use terminology actually mean in legal and practical terms, and how they are interpreted by different building inspectors, housing inspectors, city attorneys, district attorneys and judges.
Put all this together and it means your Free Consultation is a good place to start.
Here are two ways to schedule your
Free, 25-Minute Code Clarifying Call
1. Call me, Andy Baker, now at 818-620-6023
I answer my own phone. If you get the voicemail. just leave your name and number and the city your property is located along with a brief message of what you're calling about, a good time to call you back and I will call you back.
2. You can also reach me by email at: [email protected]
In your email please tell me your name, a little bit about your situation and I will write back to you.
Here's what a few clients say about my help:
"Andy handled a construction defect problem for me, avoiding litigation by skillfully
negotiating a settlement. He explained all the details to my wife and I, greatly easing our
stress. Andy wisely included a liquidated damages clause, and we collected damages
that exceeded the actual cost of the repair! Anyone seeking personalized attention and
professional legal representation would do well by Andy Baker."
– Donald Holcombe, Homeowner Sylmar, CA
“I find Andy Baker to be honest, ethical, and knowledgeable - a rare find.”
– Bryan Morrell, Construction Consultant, Santa Rose, CA"Andy, thank you. You're the best lawyer on the planet. I appreciate everything you did for me including all the discounts you gave me; you saved me money. Other lawyers would have run up the tab. Not you. Thank you."
– David S (last name withheld upon request)
I help clients solve sticky code issues, arrange successful transactions, avoid costly
mistakes, and resolve legal disputes.