Real Estate Attorney in Los Angeles - What Do these Lawyers Do

Real estate lawsuits involve a number of possible legal causes of action, including breach of contract, specific performance, and partition, breach of fiduciary duty, real estate fraud, quiet title and boundary disputes, among others.

Beverly Hills, CA (prHWY.com) March 24, 2012 - Real estate lawsuits involve a number of possible legal causes of action, including breach of contract, specific performance, and partition, breach of fiduciary duty, real estate fraud, quiet title and boundary disputes, among others. How do you know which causes of action are applicable to your real estate lawsuit and what do these different legal terms actually mean?

One of the most common causes of action in a real estate lawsuit, both in California and nationwide, is breach of contract. Oftentimes two parties will have either a written or oral agreement that governs their business dealings together that will need the participation of a real estate attorney Los Angeles. The contract can include a purchase and sale agreement, a lease, a partnership agreement, an option or any other agreement between one or more parties where each party has made promises to the other. In a breach of contract action the plaintiff must establish that it performed its side of the agreement but that the defendant did not. The plaintiff is entitled to recover any damages it suffered. This is probably the most common cause of action in real estate litigation. This will need the legal assistance of a real estate attorney Los Angeles.

Specific performance is often used in conjunction with a breach of contract claim. While a breach of contract action entitles the suing party to damages, specific performance asks the court to force the other party to actually perform what it had promised to perform. This is because the law presumes that real property is unique and damages are not sufficient to make a party whole. For example, in a purchase and sale agreement, if a party enters into a contract but later refuses to sell the property, the buyer can seek an order from the court compelling the seller to go through with the transaction.

Partition is a lawsuit among co-owners of property. Partition does not necessarily rest on an allegation that a party did something wrong. It simply allows for co-owners of a property to disengage from each other, either through a buy-out or the sale of the property. Partition actions are usually accompanied by a request for an accounting of how the proceeds from the property have been spent. The court will typically order an accounting to figure out if one owner has contributed or received more than another party so that they can be made equal. If the parties are unable to reach an agreement for a buy-out or sale of the property, the court can also order the property sold and the proceeds distributed equally among the owners.

###

Tag Words: real estate lawyer

Categories: Legal

Press Release Contact
8200 Wilshire Boulevard
Suite 224
Beverly Hills, California
90211
Office: (323) 556-0655
Fax: (323) 617-4499

Link To This Press Release:

URL HTML Code