Real Estate Litigation Attorneys Orange County, CA.
Ultimate Guide to Real Estate Disputes – What You Should Know!
How to Find the Right Real Estate Attorney
and what to consider when choosing your team.
Your Orange County Real Estate Litigation Attorneys
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Real Estate Partnership Disputes
How do you settle real estate disputes between business partners?
Going into a real estate investment with a partner or several partners can be a great way to acquire real estate as a team. The benefits of sharing investment costs allow for a larger down payment and possibly a larger purchase price gives you the opportunity to buy more real estate.
Unfortunately, conflicts can occur between real estate business partners. That is why a well-written agreement is the first step of preventing irrevocable damage. The Uniform Partnership Act (UPA or sometimes called the Revised Uniform Partnership Act (RUPA) governs partnership disputes in California. Under that Act, partners can enforce their rights under the California law.
Yes, partnership breakups typically occur due to some disagreement — disagreements like workload imbalance, or even allegations. So we have listed tips and some common disputes to avoid or mitigate the damage that can occur.
Some common issues that can arise in real estate investments with partners are the following:
- Tax Issues
- Responsibility of partners
- Payment structures and distribution including profit and losses
- When to sell
- Death, incapacity or divorce
- Property Maintenance, including insurance and repairs.
Now, if you are beyond the point, i.e., you had improperly drafted real estate documents, or No documents whatsoever, then read on. If you have had contracts established, but had no provisions for handling the current situation, then you too can benefit.
What Should I Consider in Achieving Good Counsel?
You need comprehensive, results-driven legal counsel to drive this issue to an amicable negotiation through the litigation process. And if you desire mediation or arbitration, whichever benefits your situation, our firm has been representing business owners and family businesses for over 30 years.
With that said, if there is no alternative, then protect your rights through the legal system!
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Serving State: California, Southern California
Serving Counties: Orange County, Los Angeles County, Riverside & San Bernardino County, San Diego County
Serving Cities: Newport Beach, Huntington Beach, Irvine, Costa Mesa, Laguna Beach, Newport Coast, Corona Del Mar, Santa Ana, Anaheim, San Juan Capistrano, San Clemente, Buena Park, Fullerton, Orange, Lake Forest, Laguna Hills, Garden Grove, Tustin, Yorba Linda, Fountain Valley, Westminster, Dana Point, Rancho Santa Margarita, North Tustin, Seal Beach, Los Alamitos, Villa Park, Ladera Ranch, Placentia, Laguna Woods, Aliso Viejo, Coto De Caza, State of California
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Why Choose Us?
What Does a Real Estate Lawyer do?
Protect Your Rights! A real estate litigation attorney will cover any dispute between companies, shareholders, in real estate litigation to solve conflicts by appealing to the legal system.
For over 29+ years, our experience in real estate and commercial litigation allows us to gear up more quickly and handle your case more efficiently. You receive answers to substantive law questions and recommendations for settlement or litigation strategy sooner and with less research time.
Our firm can make a difference in your case!
Should you find yourself in need of counsel, Hess-Verdon & Associates are well versed in all aspects of the real estate litigation process. Our clients range from individuals, brokers, family-owned corporations, and partnerships to nationally recognized private companies. Each real estate client, large or small, is given personal attention and the benefit of our collective knowledge and experience.
Our attorneys assist clients in navigating through the complexities and challenges of today’s real estate environment. Also, we provide advice and guidance in connection with the daily legal and contractual issues faced by our real estate clients.
About Our Real Estate Attorneys
We efficiently and economically work to secure a results-driven outcome!
Are you looking for an Orange County real estate litigation lawyer? Hess-Verdon & Associates is one of the most reliable and most sophisticated real estate litigation law firms — experienced in the state of California at both the trial and appellate levels. Our law firm has spent years acquiring extensive experience in trial preparation, strategy, and trial presentation to help you with your specific case.
Schedule an appointment today. Our specialized team is ready to assist you.
To discuss your situation, to meet with us or to get your questions answered.
Ways to save money in a real estate litigation case is to have a well written real estate partnership contract.
The contract should clearly define some of the items below:
- Capital contributions and what kind;
- The role of each Partner (s) and percentage of control
- The partner(s) duties and their obligations
- If additional capital is required, how will this be handled?
- How the partners get compensated and the management of distributions
- Buyout clause
- Dissolution clause
You see, clarity is the key, and following protocol is critical. A detailed approach to each section above is of the highest importance to keep the partnership intact, and if the end is ever near, you can fall back onto the documents for resolution.
Now, if the end is near, seeking an injunction or a temporary restraining order can be worthwhile. An injunction can stop your Partner in his/her tracks and protect your business interests. But never take things into your own hands.
So, what if the partnership dispute worsens?
There are three ways to resolve your real estate matter: Mediation, Arbitration, or Litigation. Learn about where you stand today based on some questions others have asked:
Can I sue my real estate business partner, and if so, for what?
Not all circumstances rise to a legal claim; however, the list below can have legitimate grounds for a lawsuit.
- Partner engaged in fraud or theft: Theft or embezzlement is not only a civil matter but is also a criminal matter.
- Breaching of fiduciary duties: A breach of fiduciary duty occurs when your Partner acts in his or her best interest instead of doing what is right for the company.
- Violating contractual agreements: There is a wide variety of contractual agreements such as employment agreements, non-compete agreements, partnership agreements, and others. The Partner who is the victim of the breach can sue for damages.
- Violating Intellectual property rights: If the company owns copyright, trademark, or patent, the Partner can be sued to stop them from using the intellectual property.
These are just a few examples where you may be able to bring some legal claims. Contact Hess-Verdon to discuss your options.
Should I Hire legal counsel to draft my real estate contracts?
Absolutely! You see, there are too many moving parts to each particular partnership agreement. Here is a list of “must do’s.”
- Hire legal counsel to draft your documents
- Create a “dispute resolution provision,” which states that the partners have mutually agreed upon a method to manage disputes before it becomes hostile.
- Establish a buyout agreement and dissolution agreement.
- Workload Sharing: You need to have open communication from the onset in terms of workload, and the remedies should workload continues to rise.
- Major business decisions: Partners need to have a provision on managing significant business changes. A resolution can create a catch-all clause that states how new ideas, directional business changes, must be handled before committing the business.
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“Real Estate Attorney Near Me”
Many business owners who require a real estate disputes lawyer, search for “real estate litigation attorney near me” but that may be a downfall.
You see, there are dozens of real estate attorneys in Orange County, and they do quite well in their endeavors. For real estate litigation, it’s an entirely different situation, especially if the dispute goes to trial.
Here at Hess-Verdon & Associates, we are ethical, yet enthusiastic in our approach. Our team of experienced real estate litigators are efficient and maintain a cost-effective litigation approach.
With our years of experience with trial practice at all levels allow us to effectively analyze your risks, issues, and exposure in your real estate and commercial litigation matters.
For a more detailed discussion, call 949-706-7300 to speak with a Hess-Verdon real estate attorney.
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