Berkeley Real Estate Lawyer

Common Real Estate Disputes We Handle

Real estate issues can arise at any stage of owning, developing, leasing, or using property. Our firm handles a wide range of real estate matters, including: 

• Real estate transactions. We advise on agreements and legal issues that can affect a purchase, sale, lease, or other property transaction.
• Property disputes. We represent owners in disputes involving boundaries, access, easements, trespass, nuisance, and property rights.
• Title and ownership disputes. We address liens, encumbrances, competing ownership claims, and other issues that can cloud title.
• CC&R and HOA disputes. We protect property owners, associations, and developers in disputes involving governing documents and enforcement.
• Co-ownership and partition actions. We help co-owners, heirs, and investors address disagreements over jointly owned property, including partition actions.
• Lease and landlord-tenant disputes. We assist parties in disputes involving commercial and other real estate leases.
• Property disclosure claims. We represent buyers who discover undisclosed defects, unpermitted work, or other problems after a transaction.
• Real estate litigation. When a dispute can’t be resolved informally, we represent clients in court and through the appellate process when appropriate.

Can a Co-Owner Force the Sale of Joint Property?

A co-owner may have the right to seek a partition when owners can’t agree on what to do with jointly owned real estate. Depending on the circumstances, partition can result in a physical division of the property or a sale followed by division of the proceeds.

These disputes often arise after an inheritance, breakup, business investment, or other situation where people who once shared an investment no longer agree on its future. We can help you understand your options, protect your financial interests, and pursue a resolution that addresses the property and the people involved.

How Do You Enforce or Challenge CC&Rs in California?

Common interest developments rely on Declarations of Covenants, Conditions, and Restrictions (CC&Rs) to maintain neighborhood standards and property values. However, poorly drafted rules or overreaching homeowners associations (HOAs) frequently lead to frustrating and costly disputes. 

Whether you’re a developer drafting initial governing documents or a property owner fighting against unfair enforcement, having experienced counsel can completely change the dynamic. Because we operate across the Bay Area, we understand how different jurisdictions interpret property restrictions, giving us an edge in local courtrooms.

We help developers, associations, and homeowners navigate common interest developments by:

• Drafting governing documents. We help real estate developers create legally sound CC&Rs that establish fair, enforceable rules for new communities. 
• Challenging unfair enforcement. We step in when an HOA steps out of bounds to fight back against selective enforcement or arbitrary rules. 
• Resolving architectural disputes. We navigate conflicts over property modifications, unapproved structures, and aesthetic guidelines to protect your right to improve your property.
• Litigating HOA conflicts. When negotiations break down, we leverage our extensive litigation background to advocate for your property rights before administrative boards or trial courts.

When Do I Need a Real Estate Lawyer Instead of Just a Broker?

Real estate agents and brokers are excellent at marketing properties, finding buyers, and facilitating basic negotiations. However, they aren’t licensed to provide legal advice or draft custom clauses. Brokers can’t litigate a boundary dispute, clear a clouded title, or legally interpret zoning ordinances. 

When you enter high-value commercial deals or face disputes, we strongly recommend contacting our attorney. Our team can provide the necessary oversight to protect your capital in high-stakes situations. From catching hidden liabilities to managing escrow issues, we deliver comprehensive counsel that goes far beyond a standard agent’s role. 

What Should I Do if a Seller Hides Property Defects?

California requires sellers to disclose certain known material facts about property. Problems can become especially serious when defects are concealed or important information is withheld. Structural issues, water intrusion, unpermitted work, and other undisclosed conditions can leave buyers facing unexpected repair costs after closing.

If you discover a significant problem, we can review the disclosures, purchase documents, available evidence, and circumstances surrounding the defect to help you understand what recourse may be available.

How We Leverage Our Strong Litigation Background in Real Estate Cases

Over a Decade of Exceptional Solutions

Attorney Babich has spent over 16 years developing solutions for real estate challenges. Our deep legal background allows us to identify potential roadblocks early and craft clear paths forward for our clients. 

Proven Success in State & Federal Courts

With a proven track record of successful litigation in both state and federal courts, we negotiate from a position of strength and never back down from a fight. 

The Dedicated Attention of a Solo Practice

We offer direct, one-on-one attorney access that other practices simply can’t match. By combining top-tier experience with small-firm attention, we work to keep your case moving efficiently. 

From quiet title actions to lease disputes, our real estate attorney can help you protect your hard-earned investments. Contact us online to discuss your case.