Real Estate Litigation
Buyer and Seller Litigation
- Defend and prosecute claims regarding non-disclosure and misrepresentation, including arising from repairs, water leaks, permit and code issues, improvements, foundation, structural and soil issues, easements, bad neighbors, prior litigation, sewers, shared maintenance obligations, HOA maintenance and repairs, assessments and use rights.
- Residential, multi-unit residential income and commercial purchase and sale transactions.
- Purchase and sale transactions through probate, conservatorships or trusts.
Neighbor and HOA Litigation
- Property lines, fences, gate and alley access, trees, views, encroachments, easements, adverse possession, nuisance, trespass, construction projects and shoring agreements.
- CC&R’s, assessments, noise complaints, repairs, maintenance and common area issues.
- Neighbor disputes regarding construction projects, building and planning department matters, and related hearings and appeals.
- Defend allegations and claims by buyers and sellers regarding fiduciary duties, standard of care, negligence, nondisclosure, fraud, concealment, and misrepresentation issues.
- BRE inquiries, accusations and audits; HUD and DFEH complaints; and EEOC hearings.
- Broker risk management and compliance, and commission and referral fee disputes.
Construction Defect Claims
- Represent homeowners and developers regarding claims arising from improving and selling properties, including warranty, contract, strict liability and negligence claims.
- Represent homeowners and builders regarding construction defect claims based on the repair process and, if necessary, enforcement procedures in SB800 (The Right to Repair Act).
Real Estate Transaction and Counseling Services
Buyer and Seller Transactions
- Counseling buyers and sellers in purchase and sale transactions, including on contract matters, broker and agent issues, contingencies, extensions, and escrow and title matters.
- Counseling sellers about disclosures and listing issues, and preparing disclosures, including for past or current litigation, neighbor issues, reports, water leaks, repairs, improvements, permit and code compliance issues, and occupancy or use issues.
- Counseling buyers on due diligence, investigations, contingency removals and deposits.
Resolving Neighbor and HOA Issues
- Neighbor agreements, including for property line disputes, encroachments, easements, and licenses, landscaping, gates and alleys, fences, walls, views and tree maintenance.
- Resolving neighbor construction projects through negotiation and agreements or, if necessary, through building and planning department procedures, hearings or appeals.
- Resolving HOA disputes about noise, common areas, repairs, maintenance or parking.
Broker Risk Management and BRE Compliance Issues
- Counsel brokers and agents regarding purchase and sale transactions, leases, listings, fiduciary duty and standard of care issues, disclosures, forms and advisories, advertising, dispute resolution, risk management and BRE compliance issues.
Intellectual Property Rights & Agreements
- Represent and counsel professionals and startups regarding IP rights and agreements, including software licensing, development, professional and consultant services.
- Represent clients regarding trade secrets protection and litigation.
Employee & Shareholder Matters
- Represent clients regarding confidentiality and invention assignment agreements, officer and director liability, and employee mobility and compensation issues.
- Represent clients on matters related to shareholder rights, including entity control, freeze out and breach of fiduciary duty claims.
Contracts, Commercial Law & Compliance
- Litigate breach of contract and commercial law claims.
- Counsel clients on compliance and risk mitigation issues.