- Practice Areas
Our attorneys have appeared in the Los Angeles Superior Court, the Orange County Superior Court and other jurisdictions. We have fought appeals in the California Court of Appeal. We have participated in arbitrations, mediations and mandatory settlement conferences throughout California. We have experience with all facets of real estate litigation and it is our goal to be the preeminent real estate litigation boutique law firm in Los Angeles.
Our lawyers can help you with all of your real estate litigation and lawsuit needs. We are committed to working closely with you to evaluate your situation, formulate solutions that achieve your objectives and implement those solutions in an efficient and cost-effective manner.
Attorneys who do not handle real estate have very little experience with the important real estate concept of specific performance. California law presumes that all land is unique and therefore allows a party to compel the purchase or sale of a property under certain circumstances. This is called specific performance and there are specific requirements that must be established in order to win a specific performance lawsuit. Make sure that your lawyer has experience with specific performance if it is a part of your lawsuit.
Contracts are at the center of most real estate transactions. Typical real estate breach of contract lawsuits include a breach of a purchase and sale agreement, a breach of lease or breach of a partnership agreement relating to the ownership of real property. An experienced lawyer will have specific knowledge about the special terms and provisions that are found in real estate contracts that may not be common in other types of contracts.
Co-owners of real property often resolve their disputes by initiating partition actions. A partition lawsuit seeks a court order compelling the sale of the property, an accounting of the proceeds and a division of the proceeds based on ownership interests. A partition lawsuit may also seek to divide property if possible among the co-owners. The lawyers at Wagenseller Law Firm have handled numerous partition lawsuits, often among family members. A co-owner considering partition should consult a lawyer who can advise as to the many ways in which the case can be resolved. Because the outcome of a partition action is usually not in dispute, the creative and experienced partition attorney can help the parties reach the outcome more quickly and efficiently.
Ownership lawsuits over real property often involve resulting trust. A resulting trust typically arises when one party has contributed money to purchase a property but because of credit or judgment issues does not want to be on title to the property. A trusted friend or family member will be listed as the owner. When problems arise, the legal owner will often refuse to recognize the ownership interest of the other party. Resulting trust is a real estate law concept that many litigation attorneys have never dealt with. At Wagenseller Law Firm our real estate litigation lawyers have dealt with resulting trust cases and are well-versed in the concept.
Attorneys who handle neighbor-on-neighbor lawsuits need to have the legal knowledge to advise you of what you are entitled to and how you can achieve it. Neighbor lawsuits usually involve boundary and encroachment disputes, trees, views, easements, fences and, most importantly, emotional issues. The effective neighbor litigation attorney has both the legal knowledge but also the interpersonal skills to understand both the client and the neighbor. The real estate litigation lawyers at Wagenseller Law Firm have represented neighbors in lawsuits involving all of the above.
Partnership lawsuits, including lawsuits among shareholders in small or close corporations, members in limited liability companies and partners in general or limited partnerships, usually involve specific laws set forth in California’s Limited Liability Act, Uniform Partnership Act or Corporations Code. Because most real property in Los Angeles is held in a limited liability company, partnership or corporation, real estate litigation among partners often involves this specialized area of the law. The partnership litigation attorneys at Wagenseller Law Firm have litigated partnership, corporate and LLC lawsuits throughout Los Angeles and California.
Quiet title lawsuits usually arise when there is a problem in the chain of title, often from years ago. A quiet title should be handled by a real estate attorney since there are procedural issues that even judges are unaware of. For example, many quiet title actions which seek to correct a problem in title from thirty years ago will proceed via default judgment rather than an actively opposed case. When proving up a quiet title default judgment, the court must hear live testimony rather than the traditional declaration under oath. Our real estate attorneys have handled quiet title lawsuits in the Los Angeles Superior Court and are well versed in the procedural requirements for quieting title in California.
Attorneys in Los Angeles are typically familiar with fraud in general but specific real estate fraud issues can be more problematic. Fraud can include a misrepresentation about real property, tenants, rent rolls or other issues. It can also include concealment of a material fact. A common real estate fraud lawsuit is one for non-disclosure in the sale of a property. However, a non-disclosure lawsuit in California is not usually as simple as it appears and you need an attorney who can identify those weaknesses in the case before you commit to a year of litigation. Our real estate fraud attorneys have handled fraud lawsuits involving shopping centers, new homes and other properties.
Real estate litigation law firm know that the lis pendens is not intended to be used as a weapon in real estate lawsuits. The purpose of the lis pendens (or Notice of Pending Action) is simply to put the world on notice that a property is subject to a lawsuit which potentially affects ownership or possession of the property. A lis pendens is not intended to secure a future potential judgment or to freeze a property during litigation. An experienced real estate litigation attorney will know when a lis pendens is appropriate and can successfully expunge a wrongfully recorded lis pendens.
Adverse possession discussions typically arise in neighbor lawsuits. However, adverse possession in California is very rarely a viable cause of action, primarily because a party must, among the other requirements, have paid taxes on the property in dispute. So, for example, when a neighbor has used a neighbor’s property because of a misplaced fence, adverse possession would not be appropriate because, even though the parties may have believed the fence was the boundary marker, the taxes are typically determined by the legal description, not the location of the fence. Because the encroaching party was not paying taxes on the land in dispute, the party could not adversely possess the neighbor’s property.
Our lawyers can assist you with any real estate litigation matters.
Wagenseller Law Firm represents real estate developers, property owners, real estate investors, brokers, property managers, homeowners associations, contractors and construction companies, architects and architectural firms, apartment owners, industrial building owners and other real estate professionals. If you are looking for a Los Angeles real estate law firm, our lawyers can help you with all of your real estate legal needs.
The Wagenseller Law Firm has experience handling a variety of real estate litigation matters.