San Jose Real Estate Litigation Attorneys
Your property is more than an asset; it is the foundation of your business, your home, or a significant part of your financial future. When a dispute threatens that foundation through a broken purchase agreement, a boundary line conflict, or a dishonest business partner, the stability you rely on is at risk.
You need legal counsel that is as resolute and strategic as you are. The team at Wade Litigation acts as your San Jose real estate litigation attorneys, providing the assertive and commercially-aware representation required to protect your property rights and resolve high-stakes conflicts.
Our approach is direct and results-oriented. We dissect the complexities of your dispute, from the language in a deed to the conduct of the opposing party, and build a powerful case designed to protect your investment.
We fight to enforce your rights so you can secure the value and use of your property.
Your property’s legal blueprint
- Real estate litigation involves court-based disputes over property rights and contractual agreements, covering everything from purchase disputes to property line disagreements.
- California’s Statute of Frauds requires most real estate agreements to be in writing to be enforceable, which makes documentary evidence a priority.
- Strict statutes of limitation apply to real estate claims; a claim for breach of a written contract must typically be filed within four years in California.
- Many disputes can be resolved before trial through strategic negotiation, but success often depends on having a trial-ready legal team from the outset.
- Wade Litigation represents property owners, developers, and businesses in complex real estate disputes throughout San Jose and Santa Clara County.
Why Wade Litigation is Your Advocate in San Jose Real Estate Disputes
When a significant property investment is in jeopardy, the law firm you retain is your most important asset. Wade Litigation provides the sophisticated legal representation that complex real estate conflicts demand, backed by an unwavering commitment to achieving our clients’ objectives.
Deep experience in Santa Clara County courts
Our real estate attorneys have a commanding knowledge of the Civil Division of the Santa Clara County Superior Court. We know the local rules, the judges, and the specific procedures that govern real estate lawsuits in San Jose. This local insight allows us to position your case for success and avoid procedural pitfalls that can delay or derail a case.
A Business-minded approach to property law
We see real estate as a fundamental investment. We analyze every dispute with your financial goals in mind. We design our strategies not just to win a legal argument, but to achieve a commercially sensible outcome that protects the value of your asset and aligns with your business objectives.
Direct and purposeful communication
In a high-stakes dispute, you need clear and timely information. At Wade Litigation, you work directly with a senior attorney who manages your case. We provide straightforward assessments of your legal position and regular updates on our progress, so you can make informed decisions about your property and your case.
Formidable trial-ready representation
We are trial lawyers. Our reputation for meticulous preparation and aggressive courtroom advocacy precedes us. This readiness for trial provides you with maximum leverage during settlement negotiations and mediation.
We pursue efficient resolutions whenever possible but are always prepared to go to verdict to protect your property rights.
Our Real Estate Litigation Services
Real estate law in California is a complex web of statutes, case law, and local ordinances. Our firm has the breadth of experience to handle a wide array of property disputes that arise in the dynamic San Jose market.
Purchase and sale agreement disputes
The transfer of real property is a detailed process, and conflicts can arise at any stage. We represent buyers, sellers, and developers when a transaction goes wrong.
Failure to disclose defects
Sellers in California have a legal duty to disclose all known material defects in a property. When they fail to do so, a buyer may discover serious problems after the sale. We help buyers pursue claims for damages against sellers and real estate agents who concealed or failed to disclose known defects such as foundation issues, water intrusion, unpermitted construction, or soil instability.
Breach of purchase agreement
When a buyer or seller fails to perform their obligations under the purchase contract, it constitutes a breach. A buyer might fail to deposit funds, or a seller might refuse to close escrow. We pursue all available remedies for our clients, which may include seeking monetary damages or filing a lawsuit for “specific performance” to force the sale to go through.
Boundary, easement, and title disputes
Conflicts over the physical use and legal ownership of land are common. We provide clear counsel and strong advocacy to resolve these fundamental property rights issues.
Quiet title actions
A “quiet title” action is a lawsuit filed to clear a cloud on a property’s title and establish one party’s legal ownership against all other adverse claims. This may be necessary to resolve issues with old liens, competing ownership claims from heirs, or errors in a deed. We manage these complex cases to provide our clients with clear and insurable title.
Easement and boundary line disputes
Disputes often arise between neighbors over the location of a property line or the rights associated with an easement. An easement grants a non-owner the right to use another’s land for a specific purpose, such as for a driveway or utilities. We represent property owners in disputes involving:
- Determining the true location of a boundary line through surveys and historical records.
- Enforcing or terminating easement rights.
- Claims of “adverse possession” or “prescriptive easement,” where one party claims rights to property through long-term use.
- Resolving disputes over shared fences, driveways, or retaining walls.
These cases require a detailed analysis of deeds, surveys, and historical use of the properties. We work to protect the integrity and use of your land.
Commercial landlord-tenant disputes
We represent commercial property owners and business tenants in conflicts arising from lease agreements. These disputes can disrupt business operations and have significant financial consequences. We handle issues such as non-payment of rent, breaches of lease covenants, disputes over CAM charges, and unlawful detainer (eviction) proceedings.
Partition actions and co-ownership disputes
When two or more people own a property together and cannot agree on its use, management, or sale, a “partition action” may be necessary. This is a court-ordered process to divide the property or, more commonly, force its sale and divide the proceeds equitably among the owners. We represent co-owners in these actions to protect their equity and resolve the deadlock.
Securing a Resolution: Remedies in Real Estate Litigation
The goal of litigation is to achieve a remedy that resolves the dispute and compensates for any harm. Depending on the facts of your case, a court can order several types of remedies. We pursue the specific relief that best aligns with your objectives.
Specific performance
In some breach of contract cases, money is not an adequate remedy. Because every piece of real property is unique, a buyer who loses out on a property due to a seller’s breach cannot simply buy an identical one.
In these situations, we may ask the court for “specific performance,” which is an order compelling the breaching party to complete the transaction as promised.
Monetary damages
Monetary damages are the most common remedy. A court can award damages to compensate a party for the financial losses they suffered as a direct result of the other party’s wrongful conduct. This can include out-of-pocket expenses, lost profits, or the difference in property value caused by an undisclosed defect.
Rescission
Rescission is a remedy that essentially unwinds a transaction. The parties are put back in the position they were in before the contract was made. For example, a buyer who discovers significant fraud after a sale might sue for rescission, which would involve returning the property to the seller in exchange for a full refund of the purchase price.
Injunctions and declaratory relief
Sometimes, the goal is to stop a harmful action or get a clear ruling on property rights. An injunction is a court order that either prohibits a party from doing something (such as building a structure over a property line) or compels them to do something (such as removing an encroachment).
Declaratory relief is a court judgment that defines the rights and responsibilities of the parties, providing clarity on issues like the existence and scope of an easement.
Why AI Cannot Handle Real Estate Law
An AI can define “easement,” but it cannot review a 50-year-old title chain to identify a flaw in a deed, interpret a complex commercial lease, or stand before a Santa Clara County judge and argue why your survey is more credible than your opponent’s.
Real estate law is tangible and local, and depends on a nuanced interpretation of facts that a machine cannot grasp. For a dispute involving your most valuable asset, you need the human judgment of a qualified attorney from Wade Litigation.
FAQ for San Jose Real Estate Litigation Attorneys
What is a “lis pendens”?
A lis pendens is a formal notice recorded in county property records that announces a lawsuit is pending that affects the title to a specific piece of real property. Its practical effect is to make it very difficult for the owner to sell or borrow against the property while the lawsuit is ongoing.
What is the difference between mediation and arbitration?
Mediation is a non-binding negotiation process where a neutral third-party helps the parties try to reach a voluntary settlement. Arbitration is like a private trial where the parties present their case to a neutral arbitrator who then makes a binding decision that is typically final.
Can I sue a seller for a defect I found after I bought my house?
Yes, you may have a claim if you can prove that the seller knew about the defect and intentionally concealed it or failed to disclose it as required by law. These cases often depend on proving what the seller knew and when they knew it.
What does “specific performance” mean?
Specific performance is a legal remedy where a court orders a party to perform their specific obligation under a contract. In real estate, a buyer will often sue a seller for specific performance to force the seller to go through with the sale of the property as agreed upon.
My neighbor built a fence on my property. What should I do?
First, have a professional survey conducted to confirm the exact location of the property line. If the survey confirms the fence is encroaching on your property, contact a real estate litigation attorney immediately. Your attorney can send a formal demand letter and, if necessary, file a lawsuit to have the encroachment removed.
Defend Your Property with Proven Legal Counsel
Your real estate investment deserves a powerful defense. Do not let a legal dispute compromise the value or integrity of your property. The San Jose real estate litigation attorneys at Wade Litigation have the experience and determination to protect your rights and fight for the resolution you deserve.
We represent clients with property interests throughout San Jose and Silicon Valley. We invite you to schedule a confidential consultation to discuss your dispute and learn how we can help you protect your foundation.
Contact Wade Litigation today at (866) 784-2624 or fill out our online form to connect with our legal team.