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Trust the real estate lawyers at Rainey Law P.C. to understand that real estate is often one of the largest investments a business or individual can make. It is with this knowledge that the attorneys at Rainey Law P.C. handle both commercial and residential real estate cases.
Protecting our client’s assets and wealth is one of the foremost concerns at Rainey Law P.C. We have extensive experience representing property owners in all aspects of real estate law including: litigation, Constitutional property rights, purchase and sale agreements, escrow disputes, land use, growth control regulations, and many other real estate matters.
One of the most common real estate disputes revolves around the submission of a transfer disclosure
statement during the escrow process. This is a form that the seller of real estate must deliver to the
buyer during the escrow process. This form requires the seller to disclose whether or not there are
certain conditions that exist on the property which are typically important enough to potentially cause
the buyer to back out, or at least cause the buyer to investigate conditions further. These include water
intrusion, the existence of filled soil on the property, the existence of defects or malfunctions in the
electrical, plumbing, and roofing systems; the existence of defects to the foundation, flooding and
drainage problems, and the existence of a community association. It is vitally important that this
document be reviewed in detail, preferably with a licensed general contractor, to determine whether
additional detailed inspection is warranted. It is generally not advisable to simply rely on the cursory
two hour home inspection, particularly if specific malfunctions or conditions have been noted. Special attention must be placed on any disclosure of settling, foundation, moisture intrusion, and drainage problems, as these can be very costly. The buyer has only a limited period of time to back out of the transaction based upon these disclosures. If a condition exists which was not disclosed, the attorneys at Rainey Law P.C. can assist in determining whether there are grounds for a lawsuit. The buyer can typically seek damages from the seller, or, in some circumstances, the entire rescission of the transaction.
Rainey Law P.C. also has experience in assisting property owners in the land use and development process, including the procurement of entitlements to build, California Environmental Quality Act requirements, zoning code requirements, and when necessary litigation against government entities for wrongful denial and/or delay in granting building permits or through growth control regulations.
Regardless of whether you decide to retain a real estate lawyer at Rainey Law P.C., know that it may be a good plan to select a lawyer who is capable of negotiating a settlement, or litigating a case. Willingness and experience to take a case through litigation to trial, often gives an upper hand in settlement resolution.