Navigating Real Estate Litigation: What You Need to Know

To put it lightly, real estate transactions are complex. They involve multiple parties, significant investments, and a maze of legal requirements. 

While most deals go through smoothly, disputes can and do arise — sometimes leading to real estate litigation. Whether you’re a homeowner, investor, or real estate professional, understanding the basics of California real estate litigation can help you protect your interests and avoid costly mistakes.

Below, we walk you through the key aspects of real estate litigation in California, from common types of disputes to what you can expect during the legal process. If you’re facing a real estate dispute, the experienced attorneys at Estavillo Law Group are here to guide you every step of the way.

Real estate litigation is the legal process of resolving disputes related to property, whether it’s residential, commercial, or undeveloped land. In California, real estate litigation can be complex thanks to our state’s unique laws and regulations governing property transactions and ownership.

Litigation typically happens when parties involved in a real estate transaction — like buyers, sellers, landlords, tenants, or developers — can’t resolve a dispute through negotiation or mediation. When this happens, the dispute may be taken to court, where a judge or jury will decide the outcome.

California real estate litigation can involve a wide variety of issues, ranging from breaches of contract and property boundary disputes to challenges over ownership and construction defects. The process usually begins with one party filing a lawsuit against another. 

The parties then go through a series of legal steps, including discovery (where both sides gather evidence), pre-trial motions, and possibly settlement discussions. If the case doesn’t settle, it will proceed to trial, where a verdict will be reached.

Keep in mind that real estate litigation can be time-consuming and costly. But for many property owners and investors, it’s a necessary step to protect their rights and interests. 

Real estate disputes can be, in a word, diverse. Each type of issue comes with its own set of challenges and legal intricacies. 

Understanding the most common types of real estate litigation in California can help you identify potential issues early and take the right steps to protect your property rights. 

Here are some of the most common disputes we see at our California real estate law firm:

These are among the most frequent causes of real estate litigation. Whether it’s a purchase agreement, lease, or any other real estate contract, disputes can arise over terms, conditions, or alleged breaches. 

For example, a buyer might claim that the seller failed to disclose important information. Or a landlord might claim that a tenant violated the lease terms.

Property lines can sometimes be a source of conflict between neighbors. You may not agree on where one property ends and another begins, leading to disputes over fences, driveways, or other shared spaces. 

These cases often require a close examination of land surveys, deeds, and historical property records.

Easements are rights to use someone else’s property for a specific purpose, such as accessing a road or utility lines. Disputes may come up if you or the other party believe that the easement is being misused or when the terms of the easement are unclear or contested.

Ownership of real property is at the heart of so many legal disputes. Title disputes can occur when there is more than one claim to ownership, a challenge to the validity of a deed, or unresolved liens on the property. 

Construction is complicated. So when a new building is built or an old building is renovated, the many parties involved may end up disagreeing with each other. That’s how you end up in real estate litigation.

These cases may involve claims against builders, contractors, or developers for issues like poor workmanship, code violations, or use of substandard materials. 

Homeowners facing foreclosure may look for ways to challenge the process in court. These disputes can involve issues such as improper notice, violations of loan agreements, or disputes over payment amounts. In some cases, homeowners may also file lawsuits to stop or reverse a foreclosure.

If you find yourself wrapped up in any of these disputes, reach out to experienced attorneys who (deeply) understand California’s real estate laws. The team at Estavillo Law Group is here to help you navigate these complex issues and protect your property rights.

Real estate litigation can be a lengthy and complex process — especially in California, where property laws are intricate and disputes can involve high financial stakes. 

Understanding the general steps involved in real estate litigation can help a lot more than you may realize right now:

The litigation process begins when one party (you or the other person) files a formal complaint with the court. 

This document outlines the basis of the dispute, the legal claims being made, and the relief you’re seeking (such as monetary compensation or specific performance). The defendant is then served with the complaint and given an opportunity to respond.

After receiving the complaint, the defendant must file a response, known as an “answer.” In this document, the defendant will address the allegations made in the complaint, often denying them or providing defenses. The defendant may also file counterclaims, bringing their own allegations against the plaintiff.

Once the initial pleadings are filed, both parties move to the discovery phase. This is a key part of the litigation process. Each side gathers evidence to support their case. 

Discovery can include written questions (interrogatories), document requests, and depositions, where witnesses and parties give sworn testimony. The discovery phase can be time-consuming and costly, but it’s essential for building a strong case.

Before the case goes to trial, either party can file pre-trial motions — motions to dismiss, motions for summary judgment, and similar — which can resolve the case or certain issues without a trial. 

At the same time, many real estate disputes are settled out of court during this phase. Settlement negotiations can help both parties avoid the cost and uncertainty of a trial.

If the dispute can’t be resolved through settlement or pre-trial motions, the case will proceed to trial. During the trial, both sides present their evidence and arguments to a judge or jury. 

The trial process includes: 

After considering all the evidence, the judge or jury will render a verdict.

After the trial, the losing party may file post-trial motions. Basically, this means they are hoping to alter or overturn the verdict. They may even choose to appeal the decision to a higher court if they believe there were errors in how the trial was conducted. 

Appeals can make the litigation process significantly longer. But they’re sometimes necessary to achieve a fair outcome.

Facing real estate litigation can be overwhelming, but with the right strategies, you can navigate the process more effectively and protect your interests. Whether you’re a property owner, buyer, seller, or investor, here are some key strategies to consider when dealing with real estate disputes in California:

With significant financial stakes and complex legal challenges to boot, real estate litigation can be daunting. But regardless of whether you’re dealing with a contract dispute, boundary issue, or any other real estate matter, you don’t have to face it alone. 

The experienced attorneys at Estavillo Law Group are here to guide you through every step of the process. We bring deep experience in real estate litigation and a broad understanding of California’s property laws to help you navigate the legal issue you’re facing.

Reach out to Estavillo Law Group today. We’re ready to listen to your concerns, answer your questions, and provide the strong representation you need. To get started, call us at (510) 982-3001 or contact us online to schedule a free consultation.