Every real estate transaction taking place in the Oakland area should occur under the umbrella of a contract. This can include purchase/sale agreements, lease arrangements, and even sublets. Unfortunately, disputes over the terms and fulfillment of these contracts are common. Such conflicts can range in complexity from simple accusations of a failure to provide payment in a timely manner to concerns over whether a party has provided substantial performance under the letter of the law.
No matter the situation, parties have the right to demand legal enforcement. An Oakland contract disputes lawyer may be able to help to meet your goals during settlement negotiations to bring the matter to a close. If this fails, our team of dedicated real estate attorneys are prepared to fight for your rights in court.
Providing Protection After an Alleged Breach of Contract
A breach of contract can occur at almost any time and for multiple reasons. In general, parties to contracts must abide by the terms under the language of that agreement. Usually, this means providing a payment, delivering the property on time, or providing a service. If a party believes that the other has failed to fulfill their duties under the language of the contract, they may allege that a breach has occurred.
The first step in dealing with a breach is attempting to resolve the dispute outside of the court system. Parties who have a contract disagreement in Oakland can always attempt to settle their claims outside of court. An experienced Oakland contract disputes attorney could help to protect the rights of property owners and renters and determine if a breach has actually occurred.
Helping to Handle Claims in Court
Of course, many allegations of breaches of contracts cannot settle out of court. Occasionally, it may be necessary for a party to ask an Oakland court to intervene. These cases will allege that a party to a contract is responsible for a breach and can demand enforcement of the terms of that deal.
A skilled contract disputes lawyer in Oakland could provide valuable assistance if a case goes to litigation. For plaintiffs, a diligent attorney can help to craft complaints and to push that complaint through a civil court. On the other hand, a savvy legal professional can also help defendants to dispute whether a breach has occurred and contest the extent of the supposed damages, and assess if filing a cross-complaint on their behalf to gain leverage in court.
Generally, a court has the power to require a party who is responsible for a breach to fulfill their terms under the contract. However, one key aspect of these cases is the statute of limitations. According to California Civil Code § 337, most plaintiffs must bring a case to court within four years of the alleged breach, but real estate sale contracts may shorten this time limit to four years. A seasoned contract conflicts lawyer could help to litigate arguments in Oakland courtrooms.
Let an Oakland Contract Disputes Attorney Fight for Your Rights
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. Contact Estavillo Law Group today to schedule a consultation.