Real Estate Litigation

When real estate transactions break down, the advice of an experienced real estate litigation attorney can help clarify the rights, duties, and obligations of the parties. A skilled lawyer can help you find a way to resolve your problem before the problem becomes an expensive and time-consuming ordeal. 

At the Heritage Law Group, our attorneys help buyers, sellers, developers, commercial lessors, lessees and businesses find efficient and effective solutions to real estate litigation problems. For most of our clients, an important goal will be to solve the problem without bringing it to court in the first place. For example, residential purchase agreements often feature mandatory mediation requirements, with an option for committing to arbitration if facilitated mediation can’t resolve the contract dispute. Arbitration has also become standard in the construction industry to resolve disputes between builders and owners, or between general contractors and subcontractors. 

The attorneys of the Heritage Law Group are fully committed to helping litigation clients realize the benefits of alternative dispute resolution (ADR) whenever possible. Our experience with mediation and arbitration can demystify the process and help achieve the savings of time, money and risk that ADR can offer. 

The following are examples of the kinds of real estate disputes our litigation practice can handle in or out of court:

  • Breach of contract or specific performance claims relating to purchase agreements Zoning or land use problems that need to be resolved through local administrative proceedings
  • Commercial landlord-tenant disputes concerning lease terms, renewal terms, options, escalator clauses, permitted uses or eviction
  • Title problems concerning unsatisfied liens, boundaries, encroachments or easements
  • Probate court litigation concerning conflicting claims to real property owned by a trust or estate
  • Construction defect or warranty litigation
  • Mortgage financing or foreclosure of a deed of trust or mortgage litigation

For further information about the scope of the real estate litigation practice at the Heritage Law Group, consult an attorney in the San Jose area.