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Real Estate Litigation & Transactions

Attorney and clients discussing contract document

It Takes A Good Attorney To Solve A Bad Problem

Your property is your investment and your single biggest liability.

We can help you make good deals by negotiating Purchase Sale Agreements and maneuvering through escrow. We can also help you fix those deals that didn’t quite go like you hoped by aggressively negotiating during pre-litigation mediations, or zealously advocating for your rights in court. Whether making good deals or fixing bad deals, our attorneys are here to guide the way. We’ll help you navigate the process and give you the best chance at success.

Areas of Expertise

Purchase and Sale
Neighbor Disputes
Boundary Actions
Government Action
Title and Partition Actions
Property Damage
Purchase and Sale

Most real estate purchases and sales go off without a hitch. But sometimes they don’t. The seller may have failed to disclose that the house has foundational issues or that the framing was riddled with termites. Or worse, the seller may have taken active steps to hide the problems. Maybe the seller never had good title to begin with. The complex forms common in real estate transactions, coupled with byzantine common law makes real estate litigation a trap for the unwary. Let us help you navigate the labyrinth of real estate law.

  • Failure to Disclose

  • Misrepresentation and fraud

  • Breach of contract

  • Escrow disputes

  • Liens

  • Defective title

Neighbor Disputes

A dispute with a neighbor can be agonizing. Your neighbor might ignore your cordial requests. They may escalate their bad behavior. The dispute may even devolve into physical violence. We’re all tempted to let things slide to keep the peace. But if you wait too long, you may forever lose your legal right to do anything about it. Let us help you make it right before it’s too late.

  • Trespass

  • Nuisance

  • Encroachment

  • Tree and landscaping disputes

  • Spite fences

  • Blight and degradation of property value

  • Retaliatory conduct

  • Harassment

  • Civil Harassment Restraining Orders

  • Preliminary injunctions and temporary restraining order


Hopefully your landlord-tenant relationship will be smooth. But if you have a dispute, we can help you, whether you’re a landlord or a tenant. Better yet, call us before you begin your landlord-tenant relationship and we can help you avoid the disputes before they occur.

  • Residential landlord/tenant disputes
  • Commercial landlord/tenant disputes
  • Commercial lease negotiation and drafting
  • Residential lease negotiation and drafting
  • Evictions and lease terminations
Boundary Actions

Buying real property gives you special rights over your land. Part of exercising those rights means knowing and controlling where your property starts and ends. If you relinquish your rights by waiting too long, you may never get them back. Let us help you preserve your rights.

  • Easement evaluation and action

  • Quiet title

  • Adverse possession

  • Encroachment

  • Trespass and Nuisance

  • Reformation of deed

Government Action

Government agencies aren’t staffed by lawyers. Even though the government writes the laws, you shouldn’t assume that its bureaucrats know the law well. They’re wrong more often than you think. From health and safety code abatements to wrongful tax liens, if a government agency has you in its sights, we can ensure that the government doesn’t overstep its authority.

  • Eminent domain

  • Wrongful tax liens

  • Health and Safety Code Abatement

  • Building Code and variances

Title and Partition Actions

“Title” is your legal ownership in property. A problem in your chain of title can deprive you of the ownership rights you thought you had. If you have a title problem, you may not even be able to sell the property. Whether you own the whole thing, or just a portion, we can help you find solutions.

  • Partition actions

  • Slander of title

  • Quiet title

  • Reformation of deed

Property Damage

We’d like to think that our homes were constructed by experienced craftsmen who take pride in their work. But the truth is they’re often built by cheap contractors using cheap materials. Sometimes the contractor isn’t even properly licensed. Don’t let shoddy workmanship ruin your life. Let us help you fix it.

  • Construction Defects

  • Home Warranty Disputes

  • Right to Repair Act (SB 800)

  • Professional negligence

  • Unlicensed contracting

Explore Our Other Practice Areas

Homeowner Representation

Bad HOAs can lower your property value and ruin your life. Don’t let them. We know the ins and outs of the Davis-Stirling Act and we’ll protect your home and its value.

Learn More
Real Estate Litigation

Real estate is an enormous investment. Being on the bad end of a real estate deal can be devastating. But the right attorneys can make all the difference.

Learn More
Business Disputes

We’ll help you protect your biggest asset: Your Business. From preventing liability to active litigation, we’ll help you navigate the legal waters from one success to the next.

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Construction Defect

Construction is stressful. It’s even worse when your contractor or developer botches the job. Don’t do it alone. Let us help you fight your construction battle.

Learn More
Health Insurance Recovery

We believe in a simple, transparent approach. We're here to advocate for your rights, ensuring you receive the coverage you deserve.

Learn More

Law Library

Can my HOA ?

We’ve curated a comprehensive list of answers to questions our clients ask us everyday. From HOA law to mechanic’s liens to unfair competition. Whether you are ready to engage us or not, these answers will help you better understand your rights.

Simply search for the topic of your interest!

Get in touch

Schedule a Consult

    We don’t know whether we can represent you yet. We may already represent another party whose interests are adverse to yours. (For example, if you have a dispute with your neighbor, we may already represent your neighbor.) Because we don’t know if we can represent you, you should not disclose any confidential information to us. By submitting information to us, you agree that you will not disclose any confidential information to us and that we have no duty to keep the information that you disclose to us confidential.

    Two California real estate and business attorneys at Lubin Pham + Caplin LLP discussing client cases.