Anaheim Real Estate Litigation Lawyer

Anaheim Real Estate Litigation Attorney

Real estate is more than just various pieces of land and buildings. It also encompasses the people and their stories behind each property. Because of this, there are occasional disagreements and disputes that arise. Whether it’s over property boundaries, lease terms, or even construction issues, an Anaheim real estate litigation lawyer can offer a legal pathway to resolve these common disputes and help each party move forward.

At Thaler Law, we understand the complexity of the real estate market, and our experienced attorney is equipped to help you with any real estate dispute.

The Role of a Real Estate and Litigation Attorney

The position of a real estate attorney is designed to offer specific knowledge of property laws in Anaheim and the different regulations that guide these transactions. They advise clients on their legal rights and obligations while also drafting legal paperwork and ensuring every step of any real estate engagement is compliant with the law. These professionals become litigation attorneys when they are called upon to represent and protect their client’s rights in court.

Some of the most common real estate disputes seen in Anaheim include:

• Boundary and easement disagreements: Where a property line begins and ends can cause massive disputes among neighbors. One may argue that their property ends further than their neighbor is claiming. Sometimes, settling this in court with attorneys and various property professionals is the only way to uncover the truth.
• Landlord-tenant disputes: For many residents in Anaheim who rent, issues often can arise within the landlord-tenant relationship. Some examples include disagreements over the perception of a lease agreement, the validity of an eviction notice, and security deposit conflicts.
• Contract disputes: When one party in a real estate transaction feels like the other has not lived up to the terms and conditions they agreed to, the conflict can sometimes only be resolved through the legal system. This pertains to contracts during the purchase, sale, or lease of an Anaheim property.
• Construction disputes: When a new construction project begins, this involves contractors and subcontractors in addition to the traditional stakeholders. Quality of work, timing, and contractor payment conflicts are some of the most common disagreements that surface during these cases.

Resolving Real Estate Disputes

Real estate dispute resolution typically begins with some form of negotiation to prevent everyone from having to go to court. If this is successful, the case can officially close, and each party can move forward with the obligations they agreed to. If negotiation fails, mediation or arbitration could be the logical next steps. This is where both parties will still be able to discuss their positions behind closed doors with a third-party facilitator.

If the disagreements are still heated and are unable to be resolved through these methods, there will be no choice but to advance the case to court. While litigation is usually a last resort due to its public nature, expense, and time it takes, it is sometimes unavoidable. This is especially true for resolving more intractable disputes or when there are many legal rights at stake.

After both parties make their positions clear in court, backed by their legally collected evidence, the court will make a final ruling. If either party breaks any of the terms and conditions they agree to with this ruling, they will likely end up back in court to revisit the topic and face repercussions.

FAQs About Anaheim, CA Real Estate Litigation Laws

How Much Does a Litigation Lawyer Cost in California?

There are several different variables that can make up the final cost of a litigation lawyer’s services. Where they are located in California, how complex your case is, and how many years of experience they have representing clients will all play into cost.

For attorneys who charge by the hour, you could expect to pay anywhere from $200 to $600 or more per hour. Other attorneys may offer to not charge hourly but rather take a certain percentage of your final settlement to pay for their time and effort. It’s important to discuss all these payment options with your attorney before contracting their services to make sure it’s something you can afford.

Can a Lawyer Act as a Real Estate Agent in California?

Yes, lawyers are able to also serve as real estate agents, but only if they are properly certified to do so. Their lawyer credentials alone do not automatically grant them the right to perform traditional real estate agent tasks. If they go through the process of receiving their real estate license, they are able to start representing real estate clients in addition to those at their law firm.

Some house-seeking prospects may find this dual role advantageous, as they will have peace of mind knowing that their representation is also able to supervise the transaction through their legal lens to ensure the process is compliant and no one is being taken advantage of.

What Is the Statute of Frauds in California Real Estate?

The Statute of Frauds in California real estate is a legal doctrine that mandates all agreements must exist in writing to be enforceable. This includes real estate contracts for the sale of a property, any leases that go on longer than a year, and agreements for real estate agents.

The purpose of this statute is to prevent instances of fraud or someone claiming they misunderstood certain terms and conditions. Having it all laid out in a clear, written agreement with every key point addressed is meant to protect all parties in the transaction.

Can Real Estate Litigation Be Avoided?

Not every instance can be avoided, but there are different things you can do to try to avoid facing litigation. Working with an attorney in advance of completing a real estate transaction is one of the most critical preventative measures to take. Through due diligence, they will inspect every detail of the property’s inspection, title, and zoning laws to help identify and correct any red flags. They will also prioritize clear communication between all other stakeholders to minimize any chances of misunderstanding.

Contact Thaler Law Today

If you are facing the possibility of real estate litigation or would like to proactively discuss a real estate transaction to avoid this happening in the future, contact the property and business litigation attorneys at Thaler Law today. We have grown very familiar with the Anaheim market and have already helped many of your fellow neighbors prevent and resolve their real estate disputes.