Business Litigation/Real Estate
Our real estate litigation practice covers a myriad of commercial transactions and real estate issues. Particular areas of expertise include provisional remedies (receivers, attachments, writs of possession and injunctions), contract disputes, trade secret and unfair competition litigation, wrongful termination, and lender liability actions.
We are Experienced Real Estate Attorneys and Can Provide Assistance with Your Real Estate Issues
Real Estate Litigation requires an integration of common law and stautory principles. General principles such as capacity of the parties, suficiency of the written agreement, and remedies are primary concerns when considering the strategy for litigating a real estate dispute.
The client may desire monetary damages or may desire the court to require the other party to complete performance as required under the contract (specific performance). Timeliness is always an issue regarding a disputed sales transaction and buyers may be well advised to seek counsel regarding the options to file and record a Notice of Pendency of Action to preserve their interests.
We Will Assist With Real Estate Purchase Issues
Real Estate Purchase Contract
A Real Estate Purchase Agreement is a binding contract. Once the contract is signed and parties enter into escrow with purchase monies deposited into escrow and the property taken off of the market, buyers and sellers must properly consider their options if they desire to not continue with the transaction. If there are contingencies, they need to be properly identified in the purchase agreement. To cancel escrow requires an agreement of both parties and may result in arbitration/litigation if parties cannot reach an agreement.
A purchase agreement need not be a single formal document. The obligation may be created by several documents and the court will determine is the several documents constitute an agreement.
Please call or email if you are either the buyer of seller and have a purchase agreement issue.