Gardena Real Estate Litigation Lawyer

Gardena Real Estate Litigation Attorney

Real estate transactions and property ownership can be complex. When disputes arise, they often require legal intervention. Whether you’re a homeowner, landlord, tenant, investor, or business owner, a Gardena real estate litigation lawyer can help you navigate the legal complexities of litigation.

The team at McLachlan Law, APC, is dedicated to protecting your rights and resolving conflicts surrounding real estate effectively.

What Is Civil Litigation in California?

Litigation refers to the legal process of resolving disputes through the court system. Within real estate, litigation typically arises when parties can’t agree during negotiations or alternative dispute resolution attempts, such as mediation or arbitration. Litigation might occur to protect your property rights, contracts, and financial interests.

The litigation process involves several stages that include filing the complaint, the discovery process, pre-trial motions, settlement discussions, and trial, if necessary. Depending on the difficulty of the case, real estate litigation can take a long time to resolve.

Real estate has experienced many changes in California, with housing shortages and costs rising. In 2024, the National Association of Realtors reached a settlement that addressed claims over commission practices. This caused the AB-2992 Real Estate Law bill to pass, which changed how commissions are negotiated and increased the need for real estate litigation, particularly in the areas of construction defect and commercial real estate.

Common Types of Real Estate Litigation in Gardena, CA

Real estate litigation comprises a wide range of disputes, all requiring a different approach. Some common types of real estate litigation in Gardena, CA, include:

• Foreclosure Defense and Loan Disputes: Those facing foreclosure or unfair lending practices can seek legal representation to challenge wrongful foreclosure, negotiate loan modifications, or pursue claims against predatory lenders. In fact, California had one of the highest rates of foreclosures in the nation, with 3,975 homes going into foreclosure.
• Breach of Contract Disputes: When one party fails to fulfill contract obligations, litigation may be necessary to enforce the contract or seek damages.
• Boundary and Property Line Disputes: Property line disagreements between neighbors can arise due to unclear surveys, encroachments, or disagreements about fencing lines. Litigation can ensure property boundaries are enforced.
• Landlord-Tenant Disputes: Disputes could involve lease violations, security deposit disputes, and property maintenance obligations.
• Easement and Right-of-Way Issues: Easements give individuals or organizations the right to use land for a specific purpose, but third parties may challenge the validity or scope of the easement.
• Title Disputes and Quiet Title Actions: A title dispute occurs when multiple parties claim ownership over a property, often due to title errors, fraudulent transactions, or inherited property claims.
• Partition Actions: If co-owners disagree on a property’s sale or use, a partition action may be necessary.
• Fraud or Misrepresentation: Real estate fraud happens when sellers, agents, or other parties intentionally misrepresent property conditions, zoning laws, or financial information.
• Construction Defects and Contractor Disputes: Buyers or property owners may encounter construction defects, such as plumbing issues, faulty wiring, or structural weakness.
• Zoning and Land Use Disputes: Property owners may wish to challenge zoning restrictions, seek variances, or address conflicts with local government agencies. The Planning Division of the City of Gardena has an interactive zoning map on its website that can help answer preliminary questions.

FAQs About Gardena, CA Real Estate Litigation Laws

Q: How Much Does a Real Estate Litigation Cost?

A: The cost of hiring a real estate litigation attorney in Gardena, CA varies based on the complexity of the case, court costs, and any professional witness fees. Most real estate litigation lawyers work on a per-hour basis, while others may request a retainer fee upfront. Additional expenses could include filing fees and depositions. If the case goes to trial, this can also increase costs.

Q: What Is Arbitration vs. Litigation in Real Estate?

A: Arbitration and litigation are both methods used for resolving real estate disputes. Arbitration is a private process where the arbitrator, rather than a judge, makes the decision. This is generally less expensive than litigation, but it also limits appeal rights. Litigation involves filing a claim in court and a judge or jury making the final decision. Litigation often takes longer and costs more money, but the more formal process allows for discovery and appeals.

Q: How Much Does It Cost to Speak With a Real Estate Attorney?

A: The cost of speaking with a real estate attorney varies, but many offer free initial consultations to discuss the elements of your case. Others may charge a flat fee for all services. Offering a free consultation gives the client an opportunity to see if the attorney is a good fit for their case while also allowing the lawyer to determine the case’s viability upfront.

Q: Why Is Real Estate So Litigious?

A: Real estate is highly litigious due to the complexity of property transactions, legal contracts, and zoning laws. Disputes can arise over property boundaries, lease agreements, construction defects, and title issues. Real estate laws and regulations vary by jurisdiction, which can make them more difficult. Fraud, misrepresentation, and conflicts of interest also play a part in legal disputes.

Q: How Long Does It Take to Litigate?

A: The duration of litigation varies based on the complexity of the case, the court’s backlog, and whether the case settles inside or outside of court. Pre-trial motions, discovery, and negotiations can prolong the process. If a case goes to trial, it takes longer. Mediation or arbitration can resolve disputes more quickly than traditional litigation.

Contact a Gardena Real Estate Litigation Lawyer Today

Having a skilled Gardena real estate litigation lawyer can help you navigate the legal complexities of litigation. The knowledgeable team at McLachlan Law, APC, can assess your case, review relevant documents, and provide legal advice on the strongest course of action. We work on your behalf to negotiate a fair settlement. If litigation becomes necessary, we can prepare and file legal documents and represent you in court.

The attorneys at McLachlan Law, APC, ensure that all necessary information is obtained to strengthen your case. We work diligently to protect your property rights, striving to prevent wrongful claims, fraud, or violations that can impact your real estate investment. Contact our office today to schedule a consultation so we can begin preparing your case.