Our Practice Areas
Contract Disputes
Enforcing your rights through contracts is critical. Our contract disputes lawyer could fight to ensure your rights are protected.
Land Use
Legal guidance in disputes as to how to properly use or develop land in accordance with local laws.
Property And Neighbor Dispute
For when your neighbor’s actions are interfering with your ability to enjoy your own property.
Foreclosure
Our skilled attorneys represent people who are being foreclosed upon or foresee foreclosure in the near future.
Deficiency Judgement
Dispute the legality of collection efforts with assistance from our knowledgeable deficiency judgment lawyers.
Northern California’s Real Estate & Foreclosure Law Experts
The real estate market is a place where many individuals and businesses have invested significant time and resources. For families, this is often their largest asset and can serve as the basis for eventual retirement. For companies, a physical location can be the heart of an operation and the main source of income. Sadly, disputes over real estate rights and purchases can often result in the need for litigation. When this happens, having a skilled real estate attorney by your side is crucial.
An Oakland real estate lawyer at Estavillo Law Group is prepared to protect your rights. This includes explaining the laws that control your case, gathering evidence that supports your position, always focusing on your goals and representing your interests during settlement talks, and presenting your case in court, if nececcary.
Best Defense For Real Estate Law Disputes
Unfortunately, sometimes disagreements arise involving real property. When disputes involving real estate arise, it’s very important that you have an experienced Oakland real estate litigation attorney representing you from the very beginning.
Our firm has a strong background, expertise, and training in Real Estate Law. In our combined 40 years of litigation experience, our committed lawyers in the Bay Area have helped individuals including landlords, tenants, sellers, and buyers settle real estate disputes.
Reach Out to an Oakland Real Estate Attorney Today
Learn more about our team of seasoned Oakland real estate attorneys and how we can help you! We treat each client with a unique, personalized approach that is designed to help without passing on the hefty big firm costs.
Contract Disputes
Contracts play a major role in any real estate transaction. Whether you have recently purchased or sold property, have entered into a tenancy agreement, or have a contract to build on land, enforcing your rights through contracts is critical. Sadly, disputes around such matters often necessitate litigation to protect your rights. In such cases, a knowledgeable attorney could be a beneficial ally.
Contract disputes can have a devastating effect on a business or a person’s finances. With the help of an Oakland contract dispute lawyer, parties may be able to find mutual ground and enter into a settlement. However, it could be necessary to file a lawsuit in a civil court demanding enforcement of your rights. In such situations, a seasoned legal professional can help to convince the court and jury to interpret a contract in a favorable way and to resolve the matter in your favor.
Land Use
Land use litigation involves disputes between private parties and other landowners or the government concerning the legal use of real estate. These generally involve alleged violations of local, state, or federal laws that determine how an owner may develop or use the land. If the two parties cannot reach an agreement as to how to settle the dispute, litigation may become necessary.
This is where a seasoned legal professional may be able to help. An Oakland land use litigation lawyer could evaluate the laws that control the issue at hand and compare them to the actions of all parties. They could then file all necessary court documents and present arguments before judges and juries that help support your position
Property And Neighbor Dispute
Owning property or living in a rented space may mean dealing with difficult neighbors or landlords. The simple fact is that you have the right to quiet enjoyment of your living space as well as the right to expect reasonable protection of your property. People who violate these rights must immediately stop and compensate you for your losses.
Once retained, an Oakland property and neighbor dispute lawyer at Estavillo Law Group could help you protect those rights. Our knowledgeable team of attorneys could explain the laws that grant you protection, evaluate the actions of others, and demand reasonable resolutions during negotiations or court sessions.
Foreclosure
The Estavillo Law Group knows the laws even if the banks and courts don’t. Our knowledgeable foreclosure lawyers in Oakland use these laws to keep the homeowner and their family in their homes. We have a winning record and we may be able to help you too.
If you are facing a foreclosure or have questions regarding foreclosure please contact us for a free 15 minute phone consultation. It is never too late to try and save your home. The Estavillo Law Group has had great success at representing clients facing an imminent foreclosure even hours before the home was to be sold.
Deficiency Judgement
The foreclosure on your real estate may seem to be the end of your financial problems. However, if a subsequent sale of the property fails to bring funds sufficient to cover your debts, the lender may ask a court to create a deficiency judgement. This could leave you responsible for the remaining payments.
An Oakland deficiency judgement lawyer could help contest the creation or legality of these orders. They could argue that the law does not allow their creation due to the type of loan or that the kind of property itself is exempt from these collection efforts.
Property Tax
An alleged failure to pay taxes can have serious legal consequences. Not least among these is the ability of the government to attach your real estate to this debt. If this attachment still does not result in a proper payment, the government may move to foreclose on the property.
An Oakland property tax foreclosure lawyer is prepared to help. They could work to dispute the legality of the lien, evaluate payments that you have made on your taxes, and even negotiate a settlement with the tax authorities that could result in the end of the lien that led to the foreclosure case.
Committed to a Personalized Approach, Superior Service, and a Fair Price
When real estate litigation becomes necessary during a course ownership, our attorneys could help identify the reason for a dispute, gather evidence concerning the matter, and protect the rights of clients every step of the way.
Examples of Oakland Real Estate Disputes
With a majority of real estate property in the Bay Area carrying a value in excess of $1,000,000, it is no surprise that disputes are common. Perhaps the most direct example of a dispute is those that arise during the purchase or sale of land. When a party is attempting to sell land, they must offer a valid deed to the purchaser. However, these deeds may guarantee that the property is free from encumbrance or make no such promises. If a party purchases land and later finds that there is a claim on the property, this is a common reason for real estate litigation.
Disputes that may arise during the sale of property can also include:
- Arguments over a closing date
- Disagreements as to which parties have the obligation to make repairs
- Arguments concerning the final sale price or timing of payments
Real estate litigation may also become necessary during the course of typical ownership. This may involve arguments over the fair use of land, concerns over maintenance and improvements, or even parties making a claim that they have rights under a prior deed. An Oakland real estate litigation attorney could help identify the reason for a dispute, gather evidence concerning the matter, and protect the rights of clients every step of the way.
The Litigation Process and Demanding a Fair Remedy
When many people think about the term “litigation,” they imagine arguing a case in court before a jury. While this outcome is certainly possible, in reality, litigation begins as soon as there is a disagreement between two parties. As a result, hiring a seasoned legal professional to handle a case as soon as possible could bring a resolution to a dispute at an earlier date.
A real estate litigation lawyer in Oakland could help bring a case to a close through negotiations and settlement talks. This could help bring a resolution without the high costs and time commitments that come from taking a case to court. At the same time, they work with clients to understand their needs, where they are willing to be flexible, and where they must stand firm. Ideally, this can result in productive talks that are satisfactory to both parties.
In situations where taking a case to court does become necessary, a dedicated attorney is ready to provide key guidance. If a client needs to initiate a case in court, they can identify the relevant cause of action and submit detailed complaints in accordance with local law. For example, most real estate disputes are disagreements over contracts. California Civil Code § 337 says that people seeking relief must bring a case to court within four years of the date of the breach. An Oakland property litigation lawyer is ready to do what is necessary to protect the rights of clients.
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