Costa Mesa Real Estate Litigation Lawyer

Costa Mesa Real Estate Litigation Attorney

Real estate transactions, whether for individuals or for businesses, are significant purchases that represent a lot of value and importance. Stated simply, a real estate purchase is likely to be the biggest single transaction that most people make in their lives. When brokering a transaction or settling a dispute, it is highly recommended that you work with a Costa Mesa real estate litigation lawyer.

Real Estate Litigation Representation in Costa Mesa, CA

The team at Thaler Law has over a decade of experience helping Costa Mesa residents and business owners alike ensure that their investments are protected and that their rights are upheld. Our team understands the importance of legal protection when buying, selling, leasing, or building.

Whether you want to establish a strong agreement from the outset to avoid legal issues or you need to address a legal issue that has arisen, let Thaler Law review the details of your case and advise you on your legal options.

What Are the Most Common Types of Real Estate Litigation Issues?

Real estate transactions often involve several parties, each with much at stake. The following represent the most common issues we see in the real estate sector:

• Breach of contract. Real estate transactions include contracts with very specific terms and conditions outlined for all parties. When one party does not comply with these terms, they are in breach of that contract. This may include failing to adhere to closing dates or include items that were part of the sale.
• Boundary dispute. When neighbors or other property owners disagree over a property’s boundary line, litigation may be necessary to achieve a resolution. Gaining certainty over a property’s legal boundary line is both possible and necessary.
• Fraud. Any attempt to misrepresent part of a transaction to obtain financial gain is considered fraud. Failing to disclose a defect, for instance, would constitute fraud if it can be demonstrated that the defect was obviously or reasonably known. Purchasing a property without having a known issue disclosed is grounds for pursuing a claim against the seller.

There are many more potential issues that could arise during your real estate transaction. If you are preparing to engage in real estate dealings, or if you are seeking a resolution to an issue, it is vital that you speak with a qualified and experienced real estate litigation lawyer.

Hiring a Real Estate Agent vs. a Real Estate Attorney

Although real estate agents can assist you with pre-filled purchase agreements, there are significant limitations to the extent of their service. For example, a real estate agent: 

• Cannot provide legal counsel. While they can prepare legal agreements, they are not allowed to advise you on the legal significance or implications of the agreement. Only a licensed attorney is able to provide legal guidance and advice.
• Is incentivized to close the deal. Real estate brokers don’t get paid unless the deal closes. This means that they are incentivized to close it, even if the terms are not ideal. A real estate lawyer is paid a flat fee or by the hour, keeping them neutral when advising you to pursue an agreement or not.
• Has limitations in handling abnormalities or disputes. For negotiating terms or dealing with common issues, such as boundary or title disputes, real estate agents are ill-suited to handle such tasks. Real estate attorneys, however, are much more prepared to resolve them.

Real estate attorneys can provide advocacy in your case, representing you in contract drafts, analysis, negotiations, and dispute resolutions.

FAQs

Q: How Much Does a Real Estate Attorney Cost in California?

A: How much a real estate attorney in California will cost will depend on several factors, including the lawyer’s experience and background. Generally, real estate lawyers will charge an hourly rate that ranges from about $150 – $600 per hour. The fee will be on the higher end for transactions that are more complex or that involve litigation. Ultimately, in cases with disputes, title issues, or home repair issues, hiring a real estate attorney will end up saving you money.

Q: Can I Use a Real Estate Attorney Instead of an Agent in California?

A: In California, you may opt to use a real estate attorney instead of an agent. While this is optional, it is highly recommended for a few reasons. First, it is important to protect your interests in what will likely be the largest transaction in which you will ever be involved. Where an agent is primarily concerned with closing, your attorney can ensure that your interests are adequately protected. Second, only licensed attorneys can provide legal advice, even when reviewing contracts.

Q: Does California Use Attorneys for Real Estate Transactions?

A: California is one of the few states that does not require the use of an attorney for real estate transactions. However, despite being optional, it is nevertheless highly recommended to have a real estate lawyer represent you in a real estate transaction. Agents will be limited to using standardized forms and cannot provide legal counsel when discussing the terms of the contract with you. An attorney can assist with negotiations, contract analysis, and counsel that protects your interests.

Q: How Long Does a Buyer Have to Sue a Seller in California?

A: There are several different statutes of limitations that may apply in your case. These will determine how long you have as a buyer to sue a seller in California over a real estate transaction. They are: 

• For breaches of contract, 4 years
• For injury or damage to real property, 3 years
• For fraud, 3 years
• For actions against a real estate broker agent, 2 years

Depending on the issue, you have a varying amount of time to pursue damages.

Costa Mesa Real Estate Litigation Attorney

Real estate transactions are likely the biggest single transaction or contract of which you will ever be part. Disputes or concerns can arise in a real estate transaction, whether during the negotiation stage or during post-transaction litigation. To protect yourself, it is important to partner with a qualified and skilled attorney who knows how to handle these types of cases. Our team at Thaler Law understands what it takes. Contact our office today for an initial consultation to review your case.