San Diego, California, Real Estate Disputes Attorney

At the Law Offices of Peter Shenas in San Diego, California, we have the expertise to represent clients in disputes involving the full range of commercial or residential real estate problems. Peter Shenas has written and lectured on real estate matters, including the constitutional limitations on the governments zoning powers and on boundary disputes between adjoining landowners.

Resolving Problems Relating to Real Estate Transactions

Most real estate litigation arises from disputes between buyers and sellers of real property after the opening of an escrow. These disputes arise for a variety of reasons, the most common being the failure of the seller to make full disclosures of defects in the property or other problems relating to the property. These failures to disclose are sometimes intentional, giving rise to a lawsuit by the buyer for fraud in which punitive damages are sought, or sometimes simply because of the negligence of the seller or the seller’s broker. Lawsuits between buyer and seller also arise for a variety of other reasons, including, the failure of the buyer to perform in accordance with his agreement to purchase, or the seller’s refusal to perform because of his inability to procure financing.

Disputes Between Buyers and Sellers Typically Resolved by Arbitration

In the typical purchase and sale agreement in California the parties agree to resolve disputes through arbitration. At the Law Offices of Peter Shenas, we are well qualified to represent our clients in arbitration because of Peter Shenas’ experience representing clients in arbitrations, and his experience as an arbitrator for the American Arbitration Association, where he has served as an arbitrator on the Commercial Arbitration panel for several years. In that capacity he has presided as an arbitrator in real estate matters sometimes involving several millions of dollars in damages claims.

Disputes Between Co-owners of Property

Disputes arise between joint owners of real property for a variety of reasons. When those disputes cannot be resolved by negotiation, the law provides the remedy of partition. In a lawsuit for partition the owner initiating the lawsuit asks the court to physically divide the property, or in the alternative, if that cannot be done, to order a sale of the property and divide the proceeds between the owners in proportion to their ownership interest in the property. These lawsuits are expensive, requiring the hiring of appraisers to value the property before sale, and should be avoided by a negotiated resolution of the dispute if possible.

Boundary Disputes and Zoning

The power of local government to impose zoning on real property is not unlimited. It is restricted by the U.S. and California constitutions. A landowner, whose property has been rezoned, resulting in a devaluation of the property sometimes has a remedy at law for the damages he has incurred. The Law Offices of Peter Shenas is well qualified to represent clients against these governmental entities. Peter Shenas has written and lectured on this subject.

Additional Real Estate Law Services

Our real estate practice also includes claims against title companies for defects in their title insurance policy. We also represent borrowers who have defaulted on their trust deeds. We can assist owners by negotiating a modification of the terms of their obligation, or by challenging an improper foreclosure in court. Our practice also includes commercial landlord and tenant disputes.

Contact a Seasoned Southern California Real Estate Disputes Attorney

To get more information or to schedule an appointment with an experienced lawyer regarding a real estate dispute or a commercial tenant dispute, please contact us.

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