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Ownership Disputes

The purchase of real estate is typically one of the largest transactions into which most people enter in their lifetimes. However, notwithstanding the importance of such a transaction, it is commonplace for California real estate purchasers to use a real estate agent, rather than an attorney. The reason for this is that the California Department of Real Estate (or rather the Bureau of Real Estate as of 2013), has streamlined most standard real estate transactions with the California Association of Realtors (CAR) forms. These are the familiar forms which real estate agents typically use for most California real estate transactions. Despite the standardized forms, issues can certainly arise, especially in the purchase contract and disclosures aspect of real estate transactions. McFarlin LLP attorney and staff are not only Orange County real estate attorneys, but real estate brokers and agents as well, which makes us uniquely qualified to represent buyers and sellers in real estate transactions, including purchase contract negotiation.

Real Estate Purchase Contract Challenges

Despite the prevalent use of CAR forms in California real estate transactions, purchase contract disputes certainly do lead to many issues between buyers and sellers, making it one of the many causes of real estate litigation. Oftentimes these issues or disputes are the result of poorly drafted “fill in” sections of the forms, or areas the forms don’t address. Although many real estate transactions are “routine,” many others create controversies between buyers and sellers which can be avoided by the involvement of a real estate attorney in the process. At McFarlin LLP, our real estate attorneys and real estate brokers can represent you in all aspects of a California real estate transaction to avoid problems and litigation down the road, and to protect your rights.

Real Estate Agent Disputes

Another common issue faced by buyers and sellers of California real estate is disputing with their own real estate agent. Frequently, a party feels as if the real estate agent is not necessarily representing their best interests, but rather just pushing to close another deal. Other times, parties can feel that the detailed real estate contract negotiations are going over their agents head to their disadvantage. In either of these cases, it may be a good idea to consult with an experienced real estate attorney to review purchase contracts and guide you through the transaction. At McFarlin LLP, we can either work with your current agent to help close the transaction properly, or take over the whole process by replacing your current agent to facilitate the outcome you desire. We offer a free initial transaction evaluation and analysis so you may feel comfortable with our attorneys and the process.

Real Estate Ownership Disputes

Another very common source of controversy and litigation in real estate matters involves disputes between owners. Often times, the parties purchase real estate in a partnership, joint tenancy, tenants in common, or a trust. Without a clear contract and understanding between the parties, ownership disputes can easily arise. The most common disputes we litigate relate to accounting and division of rents and right to possession of the property. Frequently when one party becomes unhappy with other parties, the first thing they do is accuse the party collecting the rent of some wrongdoing. It is never a bad idea to have a professional management company collect and disburse rents, coordinate and pay for repairs, and transact with tenants to avoid these issues.

Real Estate Lawyers Help with Property Ownership Disputes

With a purchase as significant as real estate, having a real estate attorney to work with can benefit you in many different ways. At McFarlin LLP, we understand the business of real estate and work within your budget to find you cost-effective solutions to your real estate issues. We have litigated and settled many different types of disputes, and represented a diverse clientele, so the odds are good we’ve seen your situation before. We offer a free real estate evaluation and analysis that’ll give you an idea of how we can help you and what the costs might be. Call us today at (888) 728-0044.


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