Huntington Beach Real Estate Litigation Lawyer

HUNTINGTON BEACH REAL ESTATE LITIGATION ATTORNEY

Unless your business operations are completely online, you likely need a physical address for your company. Regardless of whether you own or rent your business space, disputes involving real estate law may arise. Our comprehensive business law practice includes real estate litigation. Our Huntington Beach real estate litigation lawyer has assisted both individual and business clients in disputes involving landlord-tenant law, mortgage payment terms, refinancing proposals, easements and even quiet title litigation.

GUIDING YOU THROUGH THE UNIQUE ASPECTS OF REAL ESTATE LITIGATION

Our real estate advocacy in Huntington Beach will ensure not only that you have a strong case, but also that you have satisfied any applicable procedural requirements. For example, changes or proposed variances in zoning laws generally involve an administrative hearing with the local government’s zoning authority or board. Other claims may be appropriate for a specific forum, such as landlord-tenant disputes brought in small claims court.

The damages you seek in a real estate litigation case depend upon your specific claim. In an easement dispute, you are seeking physical access, rather than just financial compensation. Similarly, a quiet title action is brought to confirm your ownership of a parcel of property. Other matters, in contrast, might be more amenable to a financial award.

What Damages Exist in Real Estate Litigation?

The specifics of your case will dictate what damages you can seek through litigation. Some of the most common include:

Compensatory Damages

These compensate the plaintiff for any losses they have incurred as the result of a defendant’s actions. For example, they may seek reimbursement for the loss of rental income.

Consequential Damage

These damages are awarded to reimburse any loss that does not directly come from the breach but rather a foreseeable result of the breach. For example, a breached property sale contract can end up causing a business to lose money because they were unable to relocate as planned.

Specific Performance

Aside from a monetary award, a specific performance could be ordered as a penalty. For example, the court could order the party who breached the real estate contract to perform their obligation. This is often the result of cases where monetary damages are insufficient to remedy the harm caused by the breach.

FAQs for Real Estate Attorneys

Q: How Much Is a Real Estate Attorney in California?

A: The cost to hire a real estate attorney in California varies based on many different factors specific to the attorney and where they practice. The complexity of the dispute has the largest role in determining these costs, as the longer the case goes on, the more the price will increase. Most attorneys will discuss what payment options exist during a consultation. Simple tasks, like drafting leases or trust documents, could be charged through a flat fee, while more complex disputes might require an hourly rate.

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

A: Yes, a lawyer in California could act as a real estate agent in California as long as they have the proper credentials to do so. The attorney will also need to hold a real estate broker license to grant them the authority to buy, sell, and lease properties in the state on behalf of clients. Many attorneys like having the advantages of this dual role, as it allows them to supervise and engage in business and real estate deals in a more comprehensive manner, which gives them more control of the process.

Q: What Is a Litigation Guarantee in Real Estate?

A: A litigation guarantee is a specific type of title assurance. These are provided by title companies in California to any attorney who is involved in a real estate dispute. This guarantee was designed to help lawyers or any legal counsel with the process of determining the legal status of a specific property and identifying any other factors that could impact the case. It is mostly used in litigation to support dispute resolution rather than being used for a standard real estate transaction.

Q: Who Enforces Real Estate Law in California?

A: There are a few different entities that enforce real estate law in California. The California Department of Real Estate is in charge of keeping real estate transactions compliant. This agency handles issues such as an agent’s conduct, licensing, and certain transactional disputes. When there are more complicated disputes, the cases will go to court to be resolved in front of a judge and jury. Local agencies could also be tapped to weigh in on zoning laws or building codes.

CONTACT OUR HUNTINGTON BEACH REAL ESTATE LITIGATION ATTORNEYS TODAY

Real estate disputes can be highly technical and fact intensive. We understand what it takes to effectively litigate a strong real estate case. Call our Huntington Beach office at 866-271-5290 or complete our online contact form to schedule a free initial consultation.