Real Estate Litigation
Experienced Attorneys for Real Estate Litigation Matters in San Joaquin Valley.
For those in the real estate business, there is always the possibility of disputes that require a qualified Fresno real estate litigation attorney. Whether you are a broker, developer, construction firm or insurer we have the skill and experience to help resolve disputes that you may have with another party. Our priority at Cuttone & Associates is to bring you the result that you need without excessive cost, and to achieve that goal we use negotiation, arbitration and mediation as alternatives to litigation. We have participated in hundreds of real estate mediations as an advocate and mediator. However, when necessary we are prepared to litigate your claim aggressively in court and have the trial background to give you the best representation possible. Our knowledge of real estate contracts and law are essential to pursuing the best outcome for our clients.
Real Estate Claims and Actions
There are a number of areas in real estate where litigation can arise, and depending on your business they can affect many types of transactions. Some of these include:
Purchase and Sale Litigation:
Even the simplest transaction can have issues of undisclosed defects, non-performance and breach of essential terms.
Commercial Development, Contracts and Leases:
For developers, buyers and tenants there are number of litigation claims that can occur where parties fail to fulfill their agreements, or property is not in the condition that was promised.
Construction defense litigation arises when a contractor faces claims of poor design or defects, and is potentially liable to correct the problem.
Even real estate brokers can face litigation when claims are made that they breach their fiduciary duty to a client in a transaction.
Land Use Litigation:
Developers and builders in California face a myriad of land use regulations related to zoning, environmental effects and other restrictions. Violations of these regulations can lead to litigation by either private or governmental plaintiffs.
When an owner of property prohibits some established use or right of passage the result may be an easement claim, which can affect a property’s value or marketability.
Eminent Domain Defense:
There are times when governmental bodies attempt to acquire property for public use through eminent domain. Since the acquisition is often below market values, owners may resist these attempts through litigation.
Cuttone & Associates: Fresno Real Estate Litigation Attorneys
The wide range of possible actions in real estate litigation requires an attorney who has many years of dedicated practice. At Cuttone & Associates, real estate is our area of expertise and we are committed to advocacy for our clients. We are licensed real estate brokers as well as attorneys, and can identify exactly how to give our clients information about the type of claim involved. When we take a case we immediately consult with you on the key issues and potential outcomes, including the possibility of settlement. If the alternative dispute resolution process does not bring a result, then we will pursue or defend litigation on your behalf. When we take a case to trial, we make sure that all possible claims and defenses are presented pursuant to the most current laws and regulations.
In our initial consultation we will ask questions about all details regarding the property and the type of claim involved. If there are multiple parties we will want to know the extent of the transaction and business relationships. We do charge $285 for the first consultation since the result will be a specific action plan for your case, along with the projected best case scenario for the client. This demonstrates our serious approach to the practice of law and problem solving, and a commitment to bringing high quality legal services to every client. If you have a potential real estate litigation claim, or are a defendant in a lawsuit, please contact us.