Real estate deals move fast and involve real money, so when something goes sideways, it tends to go sideways in a hurry. Over 30 years handling real estate litigation, mediation, and arbitration in San Diego, a small number of issues account for most of the disputes we handle. Here’s what they are and what tends to prevent them.
- Breach of Contract
Purchase agreements, leases, and construction contracts may break down for a handful of predictable reasons: a failure to disclose something material, unanticipated delays, or two parties who signed the same document but understood different things by it. That last one is the most common, and it’s almost always avoidable. A contract that’s been reviewed line by line by counsel before signing rarely ends up in litigation over what a clause meant. We recently reviewed, negotiated, and completed a commercial lease for a client before they signed it, which is exactly the kind of work that keeps a deal out of this category in the first place.
- Failure to Disclose and Misrepresentation
These claims come up when a seller or other party conceals or misrepresents something material. Examples may include a structural problem, an environmental issue, a zoning or permitting defect. The damages can be significant, and so can the fallout. Real due diligence before closing, including the right inspections and professionals, is the actual safeguard here. We recently represented a seller in a residential failure-to-disclose dispute. These types of cases usually come down to what the seller actually knew and when.
- Boundary and Easement Disputes
Neighbors fight about property lines more often than people expect: a misplaced fence a structure that encroaches, an unclear or ambiguous easement. These cases are almost always preventable with a current survey and a title review before closing, and almost always expensive once they aren’t.
Unpaid rent, security deposit disputes, habitability complaints, and lease violations are not uncommon, on both the residential and commercial side. Most of it traces back to a lease that was not clear on the point in dispute, or communication that broke down before either side got legal advice. A well-drafted, California-compliant lease and early intervention when a dispute starts brewing head off most of these. We recently handled a commercial lease dispute centered on operating expenses in a long-term commercial lease.
- Construction Defects and Contractor Disputes
Defective workmanship, code violations, delays, and payment disputes can pull in owners, general contractors, and subcontractors all at once, which is part of why these cases get complicated quickly. Detailed contracts and thorough documentation as the work progresses are the best protection. After the fact, the paper trail is often what decides the case. We represent both contractors and residential and commercial property owners.
- Title and Ownership Disputes
Competing claims to a property or errors in the public record can lead to quiet title actions or actions regarding enforcing easements, and these are rarely simple. They usually take an experienced litigator to sort out cleanly.
When to Call:
If you’re already in a dispute, or you can see one coming, the earlier you bring in counsel the more options you have. A case handled at the pleadings stage looks very different from one that’s already deep into discovery. Our approach is usually to see early on whether a case can be resolved through mediation or informal negotiations, and if that doesn’t bring a resolution we proceed with arbitration or start preparing for trial.
We represent owners, landlords, tenants, buyers, sellers, and developers across San Diego, and can handle your matter whether it calls for negotiation, mediation, arbitration, or trial.