As top real estate litigation attorneys in Oakland, we’ve seen more than our fair share of disputes. When it escalates to litigation, it’s critical to work with an established attorney who has ample experience and resources. Contact us online to schedule a free consultation.
When you pay for something, you expect it to work—even if it’s just a toy. You expect it to perform as advertised and be free from defects and hazards. When it doesn’t, you may feel tricked, swindled or even angry.
Now imagine instead of a toy, you’ve bought a multi-million dollar piece of real estate that contains an undisclosed environmental hazard. You can’t just grab your receipt and take it back to the store, so what do you do? This is one of the many potential situations in which you’d depend on a real estate litigation attorney for help.
At Estavillo Law Group, we pride ourselves on providing top-notch legal services, including litigation. Regardless of what type of real estate dispute you’re involved in, whether it’s a tenant/landlord, zoning or land use dispute, we have the resources and expertise to help resolve it. Keep reading to find out whether real estate litigation is the right move for you.
When disputes are too heated or complex to resolve alone, it’s time to contact an experienced Oakland litigator. Need legal advice now? Our litigation practice can help. Give us a call at (510) 630-2582 to connect with some of the best lawyers for real estate matters.
Real Estate Litigation Attorneys
Not everyone realizes that “lawyer” and “litigator” are not interchangeable. Whereas some lawyers only practice transactional law, a litigator is a lawyer who tries cases in court, also known as a trial lawyer. In other words, all litigators are lawyers, but not all lawyers try cases in court.
In disputes involving real property, it’s essential to partner with a firm that practices real estate litigation, a legal process for resolving disputes and settling conflicts in court. Although some real estate disputes can be resolved outside of court, litigation can be a powerful tool in certain situations.
Real Estate Litigation
Property owners can engage in real estate litigation involving serious residential or commercial real estate disputes. Most parties pursue real estate litigation when another party’s actions jeopardize their title or the value of their property.
Why Pursue Real Estate Litigation?
The need for real estate litigation can stem from many different scenarios, but the following are among the most common:
- Breach of contract involving residential or commercial leases
- Contract disputes between landlords and tenants
- A breach of construction contracts
- Encroachments and easements
- Zoning disputes
- Failures to disclose
- Title disputes or defects
- Mortgage disputes, including default or foreclosure
- Issues involving condominiums, such as conflict between boards and owners or associations and management companies
Many different types of people are affected by real estate conflicts. If you’re wondering whether or not to pursue litigation, it’s essential to ask yourself a couple of questions. First—can my conflict or dispute be resolved outside of court? And secondly, does your conflict threaten your title ownership or the value of my property?
Who Needs It?
If your answer to these questions is yes, it may benefit you to speak with a real estate litigation specialist. These types of lawyers deal with a vast array of parties, including the following:
- Current homeowners
- Buyers and sellers
- Tenants and landlords
- Condo associations
Even if you don’t have one of these titles, a real estate litigation attorney in Oakland may be able to help you. The best way to find out is by contacting a trusted firm for an evaluation.
Real Estate Litigation Lawyers FAQ
Real estate law is complex, and litigation is no exception. Unless you’re a legal expert who specializes in real estate contracts and more, you’re going to have questions. The best way to answer them is to talk directly with an attorney. In the meantime, check out the answers to our most frequently asked questions.
Can I settle my real estate dispute outside of court?
You can settle real estate cases without litigation, and in many cases, it’s advantageous to do so. Litigation should be reserved for conflicts that can’t otherwise be resolved and that threaten your ownership of a title or the value of your property.
Do I need a real estate lawyer for mediation?
If you’re asking yourself whether you should work with a lawyer to resolve a dispute, most of the time the answer is yes. Partnering with a lawyer who is well versed in mediation can benefit you tremendously.
What is the difference between litigator and lawyer?
All litigators are also lawyers, but not all lawyers are litigators. Litigators are attorneys that, in addition to overseeing real estate transactions, are capable of trying cases in court.
How can I avoid real estate litigation?
Hands down, the best way to avoid future real estate litigation is by working with an experienced real estate attorney right out of the gate. Your lawyer can review your purchase agreements and offer invaluable advice to help you avoid potential litigation in the future.
Can I use litigation for co-owner disputes?
Property co-owners can use real estate litigation for serious disputes, but an experienced real estate lawyer will most likely suggest trying other methods of negotiation or arbitration first.
What is a boundary dispute?
Boundary disputes are conflicts over where one party’s property ends and another’s begins. Although boundary disputes sound easy enough to avoid, the reality is that not all boundaries are recorded properly and not all property lines are legally registered.
Our Attorneys Are Here to Help!
Buying real estate is scary, especially when a large amount of money is on the line. Litigation is even scarier, but an experienced real estate litigation attorney can make it a bearable, worthwhile endeavor.
If you’re concerned that a property conflict is headed toward litigation, it’s important to contact a reputable real estate law firm as soon as possible. However, the best way to preempt potential litigation is to work with one of these attorneys from the jump.
At Estavillo Law Group, we understand that it doesn’t take much for a seemingly straight-forward property investment to turn into a nightmare. Luckily, you don’t need to navigate it alone. As one of Oakland’s best law firms, we’re here to help resolve all of your real estate disputes and conflicts, regardless of kind.
Ready to get started? Contact us online or give us a call at (510) 630-2582 today for a free assessment.