Questions concerning real estate rights can determine your family’s or company’s financial outlook for decades to come. With property in the Palo Alto area often going for prices in excess of one million dollars, it is crucial that you are ready to protect your investment and legal rights.
Unfortunately, events that necessitate litigation concerning real estate are common. These can be real-time disagreements over the status of a purchase/sale agreement or allegations related to breaches of contracts that have already gone into effect. They can also include disputes with major mortgage lenders such as Aurora Loan Services, Bank of America, US Bank, Wells Fargo, Nationstar (Mr. Cooper), and more.
A Palo Alto real estate lawyer at Estavillo Law Group is ready to evaluate your current situation, recommend a path forward, and present your case with persuasiveness during all settlement talks and court sessions.
Common Situations that Lead to Real Estate Litigation
The real estate market in Palo Alto is among the most competitive anywhere in the county. As a result, sellers often look at multiple competing offers, and buyers need to separate themselves from the crowd. Sadly, this can often lead to careless or even illegal behavior.
California state law asserts that sellers of land need to disclose all known defects that a buyer would be unlikely to discover on their own. However, parties looking to quickly purchase land may not take advantage of this protection and only discover a problem months or years after a sale goes through. This could lead them to pursue compensation from a seller.
Another common source of disputes is one party not following the terms of a real estate contract. This could include disagreements concerning:
- A sale price
- The inclusion of fixtures in the sale
- A closing date
- Which party will be responsible for paying closing costs.
A diligent Palo Alto real estate attorney is prepared to evaluate the facts that led to a dispute and obtain the evidence needed to support a property owner’s position during every stage of the case.
What it Means for a Case to Enter Litigation
When a case enters litigation, it simply means that two parties are having a disagreement as to their respective rights and obligations. While it is certainly true that this may mean that one party will file a lawsuit in a civil court, this may not be necessary.
Many examples of litigation end with a negotiated settlement. In fact, many courts will require parties to engage in settlement talks through mediation before allowing a full trial to move forward. A well-practiced real estate lawyer could help parties in Palo Alto represent their interests during all settlement talks. This includes evaluating where there is room for flexibility and where a party needs to stand firm.
Of course, rare cases may necessitate formal legal action. Here, a determined attorney from our firm takes the lead in the discovery process and forms comprehensive documents that protect a client’s rights during all court sessions. They do all this within the four-year statute of limitations present in California Code of Civil Procedure § 337. Finally, our team of tenacious legal professionals are prepared to make arguments in court that help convince judges and juries to protect a landowners’ rights.
Seek Help from a Palo Alto Real Estate Attorney
Disputes between parties involving real estate are common. However, only a small portion needs to go to trial. Instead, effective representation during the negotiation phase of litigation could help protect your interests and significantly reduce the costs and time involved with a comprehensive lawsuit.
Reach out to a Palo Alto real estate lawyer at Estavillo Law Group today. Our skilled attorneys can explore the reason for a dispute, obtain information needed to protect your rights, and take the lead during every phase of the litigation process. Call now to schedule your initial consultation.