Real Estate Fraud – Lubin Pham + Caplin LLP

Problems with
Your Home?

Aggressive attorneys representing California homeowners

Problems with your home can be a nightmare. Sometimes it’s clear from the start that something is terribly wrong. Sometimes the problem lies in wait, like an undisclosed leak or a nightmare neighbor. Sometimes you can fix it with a little elbow grease. Sometimes it takes a contractor. Sometimes it takes more. When it does, call attorneys that have seen it and solved it all.

Whether making good deals or fixing bad ones, our attorneys are here to guide the way. We’ll help you navigate the process and give you the best chance at success. Don’t get stuck paying for someone else’s mistakes or worse, their fraud.

Whether you’re ready to take action yet or not, here are 5 things you should know.

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1. What’s a Real Estate Transaction?

Real estate is land and anything permanently attached to land (such as a house or a tree).

The most expensive real estate problems arise when someone transfers real estate to someone else. Regardless of where in California you live, the law requires certain things for a real estate transfer contract to be valid:

The contract must be in writing.
It must be signed by the parties.
It must describe the land.
It must have a date for the transfer.
It must state a price.

But those requirements are just the bare minimum. The average real estate transaction has more. It might have a down payment, title insurance, seller disclosures, escrow, contingencies, inspections, and more.

Many California real estate transactions use standardized forms that are hundreds of pages long and present a labyrinth of legal terms, conditions, and disclaimers. Don’t navigate the labyrinth alone. Making sense of these complexities is what we are here for.

2. What Does Your Contract Say?

In real estate transactions, the language of the contract governs a significant part of the relationship between the buyer and seller. So knowing exactly what the contract says is always step one.

Many residential real estate transactions in California use the California Association of Realtors Form Purchase & Sale Agreement. But just because it is a standardized form doesn’t mean it’s easy to understand. Other sellers use their own custom contracts. This is especially true if the seller is a developer. And each contract can radically change your path forward.

A contract can require that you ask the seller to repair the problem before initiating action. It can require mediation before filing a lawsuit. It can require arbitration instead of court. It can also provide for attorney’s fees if you win.

Sometimes the contract may disclaim warranties or limit your recovery. The bottom line is that understanding your contract can prevent you from making a critical error on how to proceed.

We can help you understand your contract. We’ve successfully represented countless homeowners in real estate contract disputes.

3. What Do Sellers Have to Disclose?

Real estate law is a complex labyrinth of ancient court decisions, modern statutes, and wordy contractual provisions. So, the lawyer’s answer is “it depends.”

But the good news is that virtually all residential property sales require a Transfer Disclosure Statement. This is typically a complex and lengthy portion of the contract that includes things like unreasonable noise, natural hazards, easements, dangerous conditions, etc. Additionally, California law requires sellers to disclose anything that affects the desirability or value of the property that isn’t obvious to the buyer.

If a seller either withheld something from the Transfer Disclosure Statement, or didn’t tell you about something that they should have, they may be liable to you.

We’ve read the ancient cases. We know the new statutes. We’ve litigated the wordy contract clauses. Let us navigate the labyrinth for you. We’ll tell you what the seller should have told you before you bought it and whether you can hold them accountable.

4. Learn About Your Options

Don’t get swindled into paying for repairs you’re not responsible for. Paying a contractor and eating the cost isn’t your only option. A smart homeowner knows when to ask for help.

A good attorney can present you with the best options and help you make the right choice. A good attorney can help you understand your contract, then strategize and implement an efficient and effective path to recovery. Maybe the answer is mediation against your seller. Maybe it’s a lawsuit against your real estate agent. Or maybe it’s arbitration against both.

We know how much your home means to you. That’s why we want to guide you to the right choice, even if that’s not with us. We’re willing to tell our clients when it just doesn’t make sense to hire us. We put our clients’ interests before our bottom line. Your case is as important to us as it is to you. So call us today to learn about your options.

5. Choose the Right Lawyer

There is no one-size-fits-all approach to a legal dispute. Whether you should negotiate, mediate, arbitrate, or litigate, depends entirely on the facts of your case.

That’s why the most important thing you can do is choose the right lawyer. The right lawyer can give you the right guidance. The right lawyer can develop and implement the right plan. The right lawyer can be the difference between winning and losing.

We know real estate law, and we’re on your side. We’ve successfully represented countless homeowners in their real estate disputes. We’ll help you choose the right approach and put you in the best position to get what you want.

Problems withYour Home?

Aggressive attorneys representing California homeowners

Tell Us About Your Dispute

1. What’s a Real Estate Transaction?

2. What Does Your Contract Say?

3. What Do Sellers Have to Disclose?

4. Learn About Your Options

5. Choose the Right Lawyer

Tell Us About Your Dispute

Problems with
Your Home?