Practice Area
Real Estate Law in Northern California
From purchase disputes to neighbor conflicts — thorough representation at every stage.
Real estate disputes touch nearly every California property owner at some point — whether navigating a complicated purchase, contending with a neighbor over a boundary or easement, addressing problems with title coverage, or responding to an HOA action. The firm has maintained a concentrated real estate practice since 1979, drawing on prior service as in-house counsel to California title insurance companies. Each matter receives direct attorney attention from initial consultation through resolution.
Interactive Tool
Identify Your Situation
Select the scenario closest to yours for an immediate snapshot of urgency, deadlines, and first steps to take.
Step 1 — Choose a scenario
Step 2 — Snapshot
Did the other party fail to perform, or did undisclosed issues surface in escrow?
First Steps
- 1Preserve the purchase agreement, all addenda, and disclosures
- 2Document every email and communication thread
- 3Do not sign cancellation paperwork before counsel reviews it
Our Take
Call before any deadline lapses — escrow timelines compress your options every day they pass.
Sub-Practice Areas
Areas of Real Estate Representation
Documentation review, failures to perform, and discrepancies in preliminary title reports. We assist buyers and sellers when contractual obligations have not been met, when disclosures appear incomplete, and when title issues surface late in escrow.
Common issues we handle
- Failure to disclose known defects
- Breach of purchase agreement terms
- Earnest money and deposit disputes
- Title report discrepancies
- Failed financing or appraisal contingencies
- Misrepresentation of square footage or boundaries
How we approach it
Each matter begins with a careful review of the purchase agreement, all disclosures, escrow instructions, and the preliminary title report. From there we assess whether the issue is best addressed through a demand letter, mediation under the California Association of Realtors form, or formal litigation. Many disputes resolve once the legal posture is clearly framed.
Key consideration
Most California real estate purchase agreements require mediation as a prerequisite to recovering attorney fees. Acting before deadlines lapse preserves both leverage and remedies.
Frequently asked
Can I back out of escrow if the seller failed to disclose something?
Often yes — but the timing and form of the cancellation matter. California's TDS and seller-disclosure regime gives buyers meaningful remedies, including rescission and damages, when material defects were known and not disclosed.
Is my earnest money deposit recoverable?
It depends on which contingencies were active when you cancelled and whether the cancellation was properly documented. Many deposits are returned once the legal basis for cancellation is clearly stated to escrow.
Do I have to mediate before suing?
Most CAR-form purchase agreements require mediation as a prerequisite to recovering attorney fees. Skipping that step can forfeit fee recovery even if you ultimately win.
Boundary line disagreements, easement claims, encroachments by structures or vegetation, tree root damage, and ongoing nuisance issues. Many of these matters benefit from early counsel — a properly framed initial communication can resolve disputes that would otherwise become protracted litigation.
Common issues we handle
- Fence and boundary line disputes
- Tree root and overhanging branch damage
- Prescriptive and implied easements
- View obstruction and tree-trimming claims
- Drainage and water runoff conflicts
- Noise, light, and nuisance complaints
How we approach it
We often begin with a survey review and a measured opening letter — many neighbor disputes escalate because of poorly worded first contacts. When litigation is necessary, we frame claims to maximize recovery under California's nuisance, trespass, and timber-trespass statutes, several of which permit double or treble damages.
Key consideration
Adverse possession and prescriptive easement claims can mature in as few as five years of continuous use. Early intervention often prevents permanent loss of property rights.
Frequently asked
Whose responsibility is a damaged shared fence?
Under California's Good Neighbor Fence Act, adjoining owners share responsibility equally by default. Notice and cost-sharing requirements apply before one party can demand contribution.
Can I cut my neighbor's tree branches that hang over my property?
Generally yes, up to the property line, but you cannot enter their property to do so and you can be liable if you damage the tree. Self-help is best limited and documented.
How long until a neighbor's use becomes a legal easement?
California prescriptive easements can mature after five years of continuous, open, and hostile use. Acting before that window closes is often decisive.
Boundary and easement clarification, adverse possession claims, and disputes with title insurance carriers over coverage. With a background as in-house counsel for California title insurance companies, the firm brings unusual depth to these matters.
Common issues we handle
- Title insurance coverage denials
- Quiet title actions
- Recorded easement interpretation
- Lien priority and subordination disputes
- Chain-of-title defects and missing deeds
- Adverse possession and prescriptive rights
How we approach it
We analyze the policy's covered risks, exclusions, and exceptions alongside the recorded chain of title. Where carriers have denied coverage, we evaluate whether the denial is consistent with California's broad construction of insurance contracts in favor of the insured — and pursue declaratory relief or bad-faith claims when warranted.
Key consideration
Years of in-house experience advising California title insurers gives this firm a working knowledge of how carriers evaluate claims — and where their analysis tends to be vulnerable.
Frequently asked
My title insurer denied my claim — is that the end of the matter?
No. California construes coverage broadly in favor of the insured, and many denials are reversible on review. A formal coverage analysis often produces a different outcome than the initial letter.
What is a quiet title action?
It is a court action to definitively resolve who owns what interest in a parcel — used to clear clouded titles, resolve boundary uncertainty, or confirm adverse possession claims.
Does my owner's policy cover boundary problems?
Sometimes — it depends on the policy's exceptions and any survey endorsement. A line-by-line read of your specific policy is the only reliable way to answer.
Challenges to excess charges, contested delinquent assessment notices, and HOA enforcement actions. We represent owners facing CC&R violation claims, special assessments believed to be improperly levied, and procedural irregularities in HOA governance.
Common issues we handle
- CC&R violation notices and fines
- Improper or excessive special assessments
- Lien recordings and foreclosure threats
- Architectural review denials
- Election and governance challenges
- Selective or discriminatory enforcement
How we approach it
We invoke the Davis-Stirling Act's procedural protections — including internal dispute resolution and alternative dispute resolution requirements — before any litigation step. Many HOA enforcement actions fail when procedural defects are exposed, and many assessments fall apart on review of the board's actual authority under the governing documents.
Key consideration
Homeowners must request HOA dispute resolution within 30 days of certain notices. Missing this window can waive substantive defenses entirely.
Frequently asked
Can my HOA really record a lien on my home?
Yes, for delinquent assessments, but only after specific notice and procedural steps under the Davis-Stirling Act. Defects in those steps often invalidate the lien.
Do I have to pay a special assessment I think is improper?
Pay-under-protest is sometimes the right move, but never sign anything marking the payment 'in full' without legal advice — it can waive your challenge entirely.
How do I challenge a CC&R violation notice?
California requires HOAs to offer internal dispute resolution at the homeowner's request. Invoking this in writing within the deadline preserves both your defenses and your fee-recovery rights.
Poor workmanship claims, defective installations, and contractor disputes — including the increasingly common solar panel installation matters. Many of these contracts contain attorney fee provisions that allow recovery from the losing party.
Common issues we handle
- Defective workmanship and incomplete jobs
- Solar panel underperformance and roof damage
- Mechanic's lien defense and removal
- Contractor abandonment of project
- Permit and code-compliance failures
- High-pressure sales and financing disputes
How we approach it
We review the contract for fee-shifting provisions, arbitration clauses, and license-status defenses. Many California contractors lose all rights to compensation if they were unlicensed or improperly licensed at the time of the work — a defense often overlooked by homeowners until counsel is engaged.
Key consideration
Construction defect statutes of limitation range from one to ten years depending on the claim. Photographing defects and preserving the contract early dramatically improves outcomes.
Frequently asked
What if my contractor wasn't properly licensed?
Under California Business & Professions Code §7031, an unlicensed contractor generally cannot collect for the work — and may have to disgorge prior payments. This is one of the most powerful defenses available.
My solar panels aren't producing as promised — what can I do?
Production guarantees in the contract are enforceable, and underperformance can support breach, fraud, and consumer-protection claims. The financing agreement is often a separate vehicle for relief.
Can the contractor record a mechanic's lien on my home?
Only with proper preliminary notice and within strict time windows. Defective notice or untimely recording is a complete defense — and an improperly recorded lien can itself be actionable.
Claims arising from property defects and liability stemming from conditions on or actions taken at a property. Representation is available for both property owners defending against claims and parties seeking compensation for injuries.
Common issues we handle
- Slip-and-fall and trip hazards
- Inadequate lighting or security claims
- Dog bite and animal incidents
- Swimming pool and attractive nuisance matters
- Defective stairs, railings, and walkways
- Tenant injury and landlord liability
How we approach it
On the defense side, we coordinate with insurance carriers and challenge causation, notice, and the open-and-obvious nature of the condition. On the plaintiff side, we document the condition before it changes, secure witness statements, and frame the duty of care under California's totality-of-circumstances test.
Key consideration
California's two-year statute of limitations on personal injury claims runs from the date of injury. Notice to insurance carriers should be made promptly, regardless of which side of the matter you are on.
Frequently asked
How long do I have to file a premises liability claim in California?
Generally two years from the date of injury, though shorter notice periods can apply against public entities (typically six months). Earlier action almost always preserves more options.
What if the dangerous condition was 'open and obvious'?
That fact reduces but does not necessarily eliminate liability. California uses a totality-of-circumstances test that still considers the property owner's conduct and the foreseeability of harm.
Should I give a recorded statement to the insurance carrier?
Generally not before consulting counsel. Recorded statements lock in testimony before facts and injuries are fully understood, and they often hurt more than they help.
What We Watch For
The Issues That Decide Cases
Statutory Deadlines
Notice windows, statutes of limitations, and contractual cure periods often determine outcomes before the merits are reached.
Attorney Fee Provisions
Many real estate contracts shift fees to the prevailing party — a critical factor in deciding strategy.
Recorded Instruments
Easements, CC&Rs, and chain-of-title defects recorded in county records are the source of most disputes.
Our Process
A Clear Path Forward
Six deliberate steps — from first call to resolution — designed for clarity at every stage.
Step 01
Initial Consultation
Discuss the matter and identify available options.
Step 02
Case Evaluation
Review documents, deadlines, and likely outcomes.
Step 03
Strategy & Filing
Develop approach and prepare necessary filings.
Step 04
Mediation/Arbitration
Pursue resolution through alternative dispute methods.
Step 05
Litigation if Needed
Proceed to court when settlement is not achievable.
Step 06
Resolution
Conclude the matter and protect long-term outcomes.
Consultation Prep
What to Bring to Your First Meeting
The more complete the record, the more useful the first hour together. Don't worry if items are missing — bring what you have.
- 01Purchase agreement, deed, or HOA documents
- 02All correspondence — letters, emails, texts
- 03Photographs of the property or condition at issue
- 04Receipts, invoices, and payment records
- 05Surveys, plat maps, or preliminary title reports
- 06A timeline of events with approximate dates
Get In Touch
Have a Real Estate Matter? Let's Talk.
Evaluation available via phone, email, ZOOM, or our online form.
(916) 789-9951