Real Estate Litigation

The real estate industry has been an important component of the San Diego economy for many years and certainly since the Firm's inception. A large portion of our litigation experience has been or included real property litigation and disputes. The Firm draws from its extensive experience in real property law issues in handling such matters, and the Firm's members are extensively involved in Bar activities and write articles on real property matters frequently. In addition, our knowledge of local real property issues is often invaluable for our clients. We represent developers, contractors, real estate brokers, land speculators, banks, mortgage companies, landlords and commercial tenants.

• The Firm represented a developer of an auto park where a potential buyer of lots in the development refused to deposit funds into escrow, and instead recorded a lis pendens on the property and accused the developer of breach of contract. After superior court and appellate court proceedings, we were successful in having the lis pendens ordered expunged. The matter was later settled, allowing the client to sell the lots to another buyer.
• The Firm represented a buyer of real estate who was precluded from improving, selling or financing his property when it was discovered by the City of Del Mar that the person who sold him the property had retained ownership of the abutting streets in violation of the California Subdivision Map Act. We obtained a summary judgment in favor of our client, which included rescission of the purchase and return of the purchase price to our client.
• The Firm represented a co-owner of a large piece of acreage in Olivenhein, California in a partition action in which the other co-owners disputed the amount of our client's ownership interest. A settlement, equitably dividing the land, was reached shortly after the start of trial.
  The Firm tried a case on behalf of a residential brokerage firm whose client allegedly failed to disclose a subsidence potential in the hillside behind a Rancho Santa Fe, California residence. The Firm prevailed at trial by demonstrating the plaintiff had merely suffered, if at all, alleged stigma damages and his hillside remediation expenses were not recoverable.
• The Firm tried a case on behalf of a residential brokerage firm that listed a newly constructed residential development in Del Mar, California. Its agent allegedly misrepresented as lot lines the grading stakes on the lots and a purchaser sued for misrepresentation because his lot was substantially smaller. We prevailed at trial for the client by proving the buyer did not "reasonably rely" on the agent's alleged misrepresentation because his wife realized during the showing that the represented lot lines did not comport with the lot lines of a project rendering brochure handed out at one of the showings. We ultimately collected our attorneys' fees from the purchaser.
• The Firm obtained summary judgment in favor of a residential real estate brokerage firm based on allegations that the listing agent failed to discover and disclose evidence of mold in a Del Mar, California residence that caused significant personal injury to two of the occupants and rendered the residence uninhabitable. We proved the agent indisputably discharged her duties by reliance on professional home inspectors and the absence of inquiry notice to her that the inspectors had been negligent.