What Does Litigation Mean in Real Estate?
I have a comprehensive depth of knowledge regarding the legal responsibilities of buyers, and sellers, and brokers. I leverage my background as a formal real estate agent to provide my clients with unique insights and seasoned guidance.
As your real estate litigation attorney, I will zealously protect your interests in real estate litigation involving:
- Breach of Contract, Non-Disclosure, or Fraud. Any decision involving the purchase of real estate involves investing a substantial amount of money. Sellers of real estate have a legal obligation to provide you with a fair and accurate assessment of property involved in a transaction, including the disclosure of any defects, encumbrances, or other issues. If you decided to complete a real estate transaction based on lies or omissions perpetrated by the seller, I can provide you with the representation you need. My office will conduct a thorough investigation, and I will move to protect your rights as a buyer.
- Easement Disputes. In rural California, many of us take the way we access our property for granted. Easements can jeopardize our control and use over our real estate property. When purchasing real estate, you must always conduct due diligence and check for any easements, which might include giving a utility company legal permission to place and operate equipment on a portion of the property. If a new neighbor has attempted to cut off access or your property is hampered by constant traffic, I can help you explore your legal options.
- Boundary Disputes. These types of disputes can arise for many reasons. Good intentions can result in mistakes, and these errors can come to light when a due diligence survey is conducted. As a property owner, you must always ensure that real estate boundaries are clearly and indisputably established. If you and a neighbor are embroiled in a boundary dispute, I can help you understand your rights and work to accomplish your goals.
- Quiet Title Actions. When you purchase any piece of real estate property, you must verify the title’s chain of ownership. You will also have a substantially more difficult time attempting to sell real estate property with title issues. Whether the clouded title is a result of an error in public recordkeeping or a lien, I can help you resolve title issues.
- Broker or Fiduciary Negligence or Fraud. Loan officers, brokers, and other fiduciaries have a legal responsibility to act in good faith when negotiating a mortgage. Many good people are unfortunately experiencing skyrocketing mortgage payments as a direct result of manipulation or negligence. If you are a victim of this type of exploitation, I can work to stop a pending foreclosure and renegotiate your loan agreement.
Partition action is a lawsuit that asks the court to either a force a sale of jointly owned property, or the court orders that the real property be divided among co-owners. A partition occurs when a co‑owner of real property no longer wants to co‑own real property with his/her/its co‑owner and there is a disagreement as to what should be done with the property.
There are three types of partition actions:
- (1) partition by sale—this is where one co-owner asks the court to order the property sold as a whole;
- (2) partition in kind—this is where one co-owner asks the court to divide the property. Typically, this is only done in ownership of large parcels of vacant land or with businesses;
- (3) partition by appraisal----this is done when one co-owner intends to buy the other owner’s interest in the real property.
Most Typical Situations When a Partition Might be Necessary
When siblings, who have inherited a real estate property from deceased parents, but cannot agree on what should be done with the property. When an unmarried couple move in together, buy a house together or one of the couple is added to the title. Then their relationship falls apart and they cannot agree as to the sale of the property.
Often one of the co-owners has put more of their money into the purchase of the property, and arguments ensue as to what the co-owners are entitled to receive. Perhaps, one co-owner desires to continue to live on the property, but the other refuses to move out. A Partition action can solve that issue.
When a parent or parents place a child on title to their property thinking that the child might be able to help them sell the property when the need arises, only to have the child claim that he or she is an owner of the property. A partition action is often used to solve that problem
What Are the Pros/Cons of a Partition Action
The primary upside is that a partition action breaks a stalemate between disagreeable owners. The primary downside is the cost. As a Temecula real estate litigation lawyer, I am prepared to do everything in my power to deliver the results you deserve in your dispute. Please note that my office does not handle cases involving unlawful detainments or rental issues.
Your Legal Advocate When Property Disputes Arise
Well-intentioned people make mistakes. Dishonest people commit fraud. Buyers, sellers, property owners, brokers, and anyone involved in real estate transactions can find themselves involved in a dispute, some of which may require litigation to resolve.
If you find yourself in a seemingly irreconcilable conflict involving real estate, my office can help. As a real estate litigation lawyer with 36 years of experience, I can guide the residents of Temecula, Menifee & the surrounding areas to a swift resolution through negotiation, mediation, or litigation. I strive to build long-lasting relationships with each of my clients and can provide big-firm quality with a small firm touch.
I provide the quality representation you would expect from a big, successful law firm at reasonable costs. I have 36 years of California legal experience, and I personally handle every case.
Although I am a litigation attorney, I often recommend mediation or negotiation to resolve disputes. Filing a lawsuit and arguing your case in court is expensive. Through these processes, we can come up with creative solutions that are tailored to your individual situation.
When someone consults with me, that typically means that they have experienced a major life event. As a result, I genuinely care about helping that person reach the right solution. To do this, I always:
Listen to my clients' concerns and priorities.
Take the time to understand how the situation came about.
Help clients find the most cost-effective solution to their problems.
Provide honest advice with compassion.
Legal disputes can be emotionally and financially draining. In 1986, when I founded the Menifee-based Law Offices of Rob Schelling, A Professional Corporation, it was my goal to build a client-focused law firm to help people reach solutions that meet their legal needs while minimizing the stress and cost.
I am determined to find the outcome that is best for you. Predicting the outcome of any dispute is not entirely possible, but experience does play a vital role in navigating your options and choices.