Law Offices of Wayne A. McFadden


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Wednesday, March 10, 2010

Practice Areas
Real Estate Litigation

San Mateo Real Estate Trial Lawyers

Transactions • Broker/Agent Fraud • Partition • Boundaries • Leases

As population and property values have grown in California’s Peninsula and Bay Area, so has the number of lawsuits involving real estate sales, leases, development, and related issues. Our thorough and aggressive trial lawyers offer clients the benefit of extensive experience in real estate litigation.

If you are involved in a property dispute or breach of contract claim, a real estate lawyer from our offices will evaluate your situation and suggest an efficient strategy for early and decisive resolution of the matter. Contact our litigation offices in San Mateo today. We serve clientele from San Francisco to San Jose.

Our practice includes representation in a wide variety of commercial and residential real estate litigation and dispute resolution, including:

  • Purchase and sale transactions
  • Partition Actions / Forced Sale
  • Broker or Agent disputes
  • Boundary disputes
  • Residential and commercial leases
  • Real estate development
  • Joint ventures
  • Co-ownership
  • Real estate management

Partition Actions and Forced Sale

An increasing number of properties are under some form of co-ownership, such as tenancy in common or joint tenancy. If parties in a marriage or other co-ownership arrangement do not later agree on the terms of sale, a partition may be sought (forcing the sale of one owner’s share of the property), often resulting in litigation. If you are involved in a partition action, our attorneys offer the trial and transactional experience to present a forceful case on your behalf.

Commercial Real Estate Disputes

Are you are planning to buy a business or negotiate a business lease? Do you have questions about possible fraud, breach of contract, or other irregularities involving property transactions? Your concerns should be addressed at an early stage in the process. Our real estate litigation attorneys will be happy to evaluate your contract or proposed contract and recommend practical and effective measures to protect your interests.

Broker / Agent Disputes

If you believe you were the victim of fraud by a real estate broker or agent, our real estate lawyers can capably represent you in a suit for damages or other relief. California requires complete and honest disclosures relating to real estate transactions. We represent buyers in cases where the broker or agent:

  • Failed to disclose defects or damage (termites, water intrusion and mold)
  • Misrepresented valuations or other data to make the sale

Property and Boundary Disputes

Because of the value of land and ramifications for its sale or development, disputes between neighbors and claims over property rights can result in complex litigation. Our real estate attorneys have handled a wide range of boundary disputes:

  • Sideyard and backyard disputes over fences, construction, or use
  • Survey results that would result in loss of property
  • Quiet title actions (hostile possession)
  • Agreed boundary lines and prescriptive easements

We aim for negotiated settlement to find a peaceable resolution, but we will go to court for injunctions, estoppel, and other legal relief to protect our clients' interests in all property disputes.

Please visit our Real Estate Information Center for additional background on transactions and real estate law. For legal advice about a dispute, make an appointment with our San Mateo real estate lawyers to discuss your situation.

We primarily serve communities in the Peninsula and Bay Area, including San Mateo, Burlingame, Foster City, Hillsborough, Millbrae, San Bruno, South San Francisco, Pacifica, Half Moon Bay, Belmont, San Carlos, Redwood City, Atherton, Woodside, Menlo Park, San Francisco, Hayward, Union City, and the San Jose area.

San Mateo County • San Francisco County • Alameda County