A dispute over California real estate is a dispute about your most valuable asset. Whether it’s your home, your business, or a financial investment, any conflict puts your stability at risk.
California property law is notoriously intricate. A simple misunderstanding about a contract, a boundary line, or a leaky roof can spiral into a courtroom battle. When the stakes are this high, you need clear, authoritative guidance.
The attorneys at Wade Litigation handle these exact situations. We bring clarity to disputes involving breach of contract, non-disclosure, title claims, and commercial leases.
You don’t have to decipher the fine print alone. We’re here to explain your legal position and outline your options. To understand how we can help, call Wade Litigation for a consultation at 888-705-5059.
Key Takeaways for California Real Estate Disputes
- The contract is the foundation of your case. Nearly every real estate dispute traces back to the language in a purchase agreement, lease, or other contract, which is why a detailed review of its terms is the first step in building a strategy.
- California law provides remedies beyond money. While financial damages are common, a court can also order a party to follow through with a sale (specific performance) or cancel a contract entirely (rescission), which are sometimes more powerful solutions.
- Strict deadlines apply to filing a lawsuit. The statute of limitations sets a firm deadline for taking legal action (for a written contract dispute, it’s typically four years), and missing it will likely bar you from recovering anything.
Why Choose Wade Litigation for Your Real Estate Dispute?
When you’re facing a real estate conflict, you need a law firm that understands both the law and your personal goals.
At Wade Litigation, we design our approach around your specific circumstances. We focus on resolving your dispute efficiently but are always prepared to defend your interests in court.
Our approach delivers:
- A Record of Success: Our firm has a history of achieving favorable results in demanding cases. We secured a complete dismissal of a $5 million federal racketeering lawsuit with aggressive, strategic litigation, protecting our client from all financial liability.
- Client-Centered Strategy: We have earned numerous awards for client satisfaction because we prioritize clear communication and a deep understanding of what matters most to you and your bottom line.
- Decades of Focused Experience: Our team, led by founder Amiel L. Wade, brings years of combined experience to California real estate disputes. Mr. Wade’s background as a former San Jose Police Officer shapes his disciplined and tenacious courtroom presence.
- An Award-Winning Team: Wade Litigation and our attorneys are recognized by numerous legal organizations, with honors like “Lawyer of the Year in Civil Litigation” and a superb “10” rating from Avvo.
What Kinds of Real Estate Disputes End Up in Court?
Each conflict is governed by its own set of rules, from vague contract terms to intentionally hidden property defects. Attempting to sort these issues out without a clear grasp of your rights may lead to expensive, irreversible mistakes
Did a Buyer or Seller Back Out of a Purchase Agreement?
This is one of the most frequent sources of real estate litigation. It usually involves a breach of contract, which occurs when one party fails to meet their obligations without a valid legal excuse. This might be a buyer who can’t get financing by the closing date or a seller who receives a better offer and attempts to cancel the sale. Arguments also commonly erupt over the earnest money deposit if a deal collapses.
Are You Facing a Disagreement Over Property Lines or Access?
Conflicts with neighbors over boundary lines can become intensely personal and legally tangled. Resolving these fights may require historical deed research and professional land surveys.
Another common problem is an easement, which is a legal right for another person or entity to use a part of your property for a specific purpose, like a utility company accessing its lines or a neighbor using your driveway. When the terms of an easement are ambiguous or disputed, a lawsuit may be needed to define each party’s rights.
Sometimes, the legal ownership of a property, or its title, is challenged. A quiet title action is a lawsuit filed to resolve these competing claims and establish one clear owner.
Is Your Commercial Lease Causing a Conflict?
Disagreements frequently ignite over unpaid rent, disputes about Common Area Maintenance (CAM) charges, or a tenant using the property for a purpose forbidden by the lease.
Did You Discover Problems After a Construction Project?
If you find construction defects like faulty wiring, plumbing leaks, or structural flaws in a new build or renovation, you may have a claim against the builder or contractors.
Furthermore, if a contractor or supplier is not paid for their work, they may place a mechanic’s lien on your property. This is a legal claim against the property that can stop you from selling or refinancing until the debt is settled.
Do You Suspect Someone Was Dishonest During the Transaction?
Real estate fraud and failure to disclose are serious matters. Sellers in California have a legal duty to disclose any known material defects about the property under California Civil Code § 1102. If a seller intentionally hides a major problem, such as a cracked foundation or a history of flooding, the buyer may have grounds for a lawsuit.
Are You a Co-Owner of a Property and Can’t Agree on What to Do With It?
When two or more people own a property together and reach a stalemate on its use or sale, one owner can file a partition action. This is a court-ordered process to either physically divide the property or, more typically, force its sale and distribute the money fairly among the owners.
What Does the Real Estate Litigation Process Involve?
Our firm guides you through each stage, managing the legal work so you can focus on your life and business.
The First Step: Demand Letters and Negotiations
Many real estate disputes are resolved long before they reach a courtroom. The process usually begins with a demand letter. This formal communication, drafted by your attorney, outlines the facts, explains your legal position, and states what you want; for example, the return of a deposit or money for repairs. This often opens the door to negotiations that can produce an early settlement.
Filing the Lawsuit: The Complaint and Summons
If negotiations break down, the next step is filing a lawsuit. This begins with a complaint, a legal document that explains your claims, the supporting facts, and the remedy you are asking the court to grant.
After the complaint is filed, the other party is served with a summons, which officially notifies them of the lawsuit and gives them a set amount of time to respond.
The Discovery Phase: Gathering the Facts
Discovery is the formal process where both sides exchange information and evidence. The goal is to make sure there are no surprises at trial. This phase is typically the longest part of a lawsuit and involves several tools:
- Interrogatories: These are written questions that the other party must answer in writing, under oath.
- Requests for Production of Documents: Each side can demand relevant paperwork, such as contracts, emails, inspection reports, and financial records.
- Depositions: This is out-of-court testimony given under oath. Attorneys from both sides question the parties and key witnesses, and a court reporter creates a word-for-word transcript.
Finding a Resolution: Mediation and Settlement
The vast majority of civil lawsuits settle before trial. Courts in California frequently order the parties to attend mediation. A neutral third party, the mediator, helps both sides communicate and explore potential solutions. The mediator doesn’t make a decision but facilitates a conversation aimed at finding a mutually acceptable agreement.
What Happens If Your Case Goes to Trial?
If a settlement isn’t reached, the case moves to trial. At trial, both sides present evidence, question witnesses, and make legal arguments to a judge or jury. After hearing all the testimony and reviewing the evidence, the judge or jury issues a final, binding decision.
What Is the Role of Evidence in a Real Estate Lawsuit?
Your claims, no matter how valid, must be supported by clear and persuasive evidence. Our job is to identify, gather, and present this information in a way that tells a compelling story to a judge or jury.
Key evidence typically includes:
- The Purchase Agreement or Lease: This is the central document. Every clause, deadline, and contingency within it will be closely examined.
- Correspondence: Emails, text messages, and letters between you, the other party, and the real estate agents can reveal intentions, admissions, and timelines. A single email can sometimes make or break a case.
- Inspection Reports: Reports from home inspectors, geologists, surveyors, or engineers provide third-party, expert assessments of the property’s condition before and after the dispute.
- Photographs and Videos: Visual evidence of a defect, a boundary encroachment, or property damage is powerful. “Before and after” photos are particularly effective.
- Witness Testimony: Statements from third parties, such as neighbors who witnessed a boundary issue, or contractors who can speak to a defect, can corroborate your claims.
What Are the Potential Outcomes in a California Real Estate Lawsuit?
The objective of a real estate lawsuit is to find a remedy that corrects the harm you suffered. Unlike other legal disputes that center only on money or punishment, property litigation can produce a range of results, from financial payouts to court orders forcing a party to act a certain way.
Financial Remedies, or “Damages”
- Compensatory Damages: This is money awarded to cover your actual financial losses. If a seller hid a defect, these damages might pay for the repairs. If a buyer breached a purchase contract, damages could cover the difference in property value or other costs you incurred.
- Punitive Damages: This is a rare form of damages designed to punish a defendant for especially harmful behavior, like intentional fraud. Punitive damages are not meant to compensate for a loss but to deter others from similar conduct.
Equitable Remedies, or Court-Ordered Actions
Sometimes money isn’t enough to fix the problem. In these cases, a court may order an equitable remedy.
- Specific Performance: The court orders a party to do exactly what they promised in the contract. For instance, a judge could force a seller to complete the sale of a property as agreed. California Civil Code sections 3384 to 3395 authorize this action.
- Rescission: This remedy cancels the contract. The purpose of rescission is to put both parties back in the position they were in before the agreement was signed. This might involve returning a deposit to a buyer and restoring ownership to the seller.
- Reformation: If a written contract contains a mistake or fails to reflect the parties’ true agreement, a court can rewrite it to match their original intent.
- Injunction: An injunction is a court order that commands a party to either do something or stop doing something. In a boundary dispute, a court might issue an injunction to keep a neighbor from building a fence on your land.
How Are Real Estate Litigation Fees Structured?
Worries about cost should not prevent you from understanding your legal rights. While we cannot predict the exact cost of a lawsuit, we can explain the common fee structures so you know what to expect.
Most real estate litigation attorneys work on an hourly fee basis. This means the client is billed for the time the attorney and their team spend working on the case. The hourly rate depends on the attorney’s experience and the complexity of the matter.
In addition to attorney’s fees, litigation involves other costs, such as:
- Court Filing Fees: The court charges fees to file a complaint and other legal motions.
- Expert Witness Fees: In cases involving construction defects or property valuation, it may be necessary to hire experts to provide testimony.
- Discovery Costs: Expenses for depositions, court reporters, and document processing can add up.
We believe in transparency. During your initial consultation, we will discuss our fees and the potential costs associated with your case. We provide detailed billing statements so you always know how your money is being used.
Frequently Asked Questions About California Real Estate Litigation
How long does a real estate lawsuit usually take in California?
The timeline varies depending on the case. A straightforward dispute that settles early through negotiation might resolve in just a few months. A highly contested case that proceeds all the way to a trial could take a year or even longer to reach a final conclusion.
What is a “lis pendens”?
A lis pendens is a formal notice recorded with the county that states a lawsuit is pending that affects the title to a piece of property. Simply put, it warns potential buyers or lenders that the property’s ownership is disputed, which effectively prevents the property from being sold or refinanced until the case is over.
If I was in a property dispute, must I disclose it when I sell later?
In most situations, yes. California law requires sellers to disclose any past or present material facts that could affect the property’s value. A previous lawsuit over a major issue, such as a boundary line or a significant defect, would almost certainly need to be disclosed.
Can I sue my real estate agent or broker?
Yes. Real estate professionals have a duty to act in their client’s best interests. Under California Civil Code § 2079, they are required to conduct a competent visual inspection and disclose material facts. If your agent was negligent, misrepresented information, or hid something they should have revealed, you may have a legal claim against them.
What is the deadline for filing a real estate lawsuit in California?
This deadline is called the statute of limitations, and it differs based on the claim. For example, a lawsuit for breach of a written contract must generally be filed within four years under the California Code of Civil Procedure. A claim based on fraud is usually three years from the date you discovered the fraud. Because these deadlines are absolute, it’s always best to consult with a lawyer to determine the eligibility of your case.
Take Control of Your Real Estate Dispute
A property dispute might feel like it puts your entire future on hold. But a disagreement does not have to ruin your real estate investment or derail your plans. You have legal options to protect what you’ve built.
Moving forward requires a clear strategy based on a solid understanding of California’s property laws. Our role is to provide that clarity, handle the legal process, and advocate for your best interests at every turn.
You do not have to confront this alone. We are here to review your situation and explain your options in plain language. Call Wade Litigation today to discuss your case at 888-705-5059.
