Long Beach Real Estate Litigation Lawyer

Long Beach Real Estate Litigation Attorney

While most people imagine the world of real estate as the simple buying and selling of homes and properties, there is much more to this industry than meets the eye. The laws surrounding real estate in California are complex, and these laws generally differ from state to state. If you are a California resident or involved in any real estate located in California, a Long Beach real estate litigation attorney could be an invaluable resource for you.

There are several different factors involved in real estate law, and it often requires an experienced real estate attorney to help clients understand and navigate these legal complexities.

Common Causes of Real Estate Litigation

Real estate litigation is more common than people realize. Some reasons for this kind of litigation may include:

Failure to Disclose a Property Defect

Occasionally, a seller does not disclose a known property defect to a buyer. Many times, these defects can be known to the seller, but they are not immediately obvious to the buyer until after they are under contract or have purchased the property.

In these instances, the buyer may be able to pursue legal action against the seller. For example, if a buyer purchases a home from a seller, and it was later found that the home had holes or leaks in the roof that were not disclosed by the seller, the buyer may be able to pursue action against the seller for not being made aware of the liability.

Boundary Disputes

Boundary disputes can arise due to property lines not being adequately set forth or adhered to. There are some cases in which property lines are not correctly registered with the county.

Failure to Perform Obligations

If one party fails to perform their obligations regarding the real estate property, litigation could ensue. A failure to perform an obligation could involve not making adequate payments, not performing duties that were outlined in the contract, etc.

Easements

An easement is a legal right that someone has to use another individual’s property for a specific purpose. There can be several different types of easements, and each one has its own characteristics. A few of the most common easements are:

• Easement by necessity. An easement of necessity can be obtained in situations in which one’s use of the land is unconditionally necessary.
• Prescriptive easement. A prescriptive easement involves granting the use of one’s land to another party for a specified period of time. It is important to note that a prescriptive easement can generally be in place without the consent of the current property owner.
• Implied easement. An implied easement is established when an intent can be legally inferred that the parties intended to create an easement, even though there may not be any written documentation of the intent to establish the easement.
• Express easement. An express easement is one that is written and agreed upon between the individual seeking to use the land and the landowner. This agreement is usually recorded with the county office where the property is located.

FAQs

Q: What Is the Difference Between an Attorney, Lawyer, and Litigator?

A: The difference between an attorney and a litigator is that an attorney can be anyone who is licensed to practice law, and a litigator is an attorney who takes cases to court. Generally speaking, a litigator is a type of attorney who focuses on arguing motions before a court, representing clients, and negotiating settlements. All litigators are considered attorneys, but not all attorneys are considered litigators.

The main difference between a lawyer and an attorney is that an attorney is required to pass the bar exam, but a lawyer is not. This difference in qualifications can affect the types of services that a legal professional can provide. However, both are required to obtain a Juris Doctorate through law school.

Q: What Is One Reason Why Real Estate Is So Litigious?

A: One reason why real estate is so litigious is that there is often a breach of contract involved. Real estate often goes to litigation because one party broke the agreed-upon contract. One party’s failure to adhere to the legal or financial obligations of the real estate contract often requires a lawyer to step in and start a case. A real estate attorney can help resolve conflicts and make sure that there is ample contact between all parties related to the case.

Q: Is an Attorney in California Not Required to Get a Real Estate License?

A: A real estate attorney is required to obtain a real estate license in California. The state requires dual registration for real estate attorneys. They must be licensed as brokers or salespersons for the respective property activities that they transact on behalf of their clients. It should be noted that licensed attorneys are exempt from the college-level coursework that is required to obtain a real estate license. Therefore, most attorneys can sit for the exam right away.

Q: Do I Need a Real Estate Attorney in California?

A: Yes, you could need a real estate attorney in California. A real estate attorney can help you handle all matters and issues that arise related to real estate. These issues could include property title claims, prescriptive easements, seller-nondisclosure issues, property value disputes, or any other issues related to buying and selling real estate. Such problems are typically not common knowledge, and they often require the acumen and skillset of an experienced real estate attorney.

Thaler Law: A Long Beach Real Estate Litigation Law Firm You Can Trust

Real estate litigation in Long Beach, CA, often requires a qualified and experienced attorney to help resolve. These issues can quickly become complex, and they can be very difficult and tedious to solve on your own. It is highly recommended that you engage the help of legal counsel.

A real estate litigator can help relieve you of the stress and headache of having to present and defend your case before a court. It is important to know that if you are involved in a real estate case, it is likely that the opposing party will have legal counsel.

At Thaler Law, our legal team is dedicated to providing clients with the support and assistance that they need to get their cases resolved as quickly as possible. Whether it is a residential real estate or commercial real estate issue, our legal team has the experience and the knowledge to handle cases of varying complexity. Contact our office today to see how our attorney can be of valuable assistance to help you get the result you deserve.