Most Common Causes of Residential Real Estate Litigation

Most Common Causes of Residential Real Estate Litigation

Residential real estate transactions in California are governed by a wide range of laws, regulations, and contractual obligations. Due to the complexity of these transactions and the high financial stakes, disputes often arise that lead to litigation. Awareness about the common causes of residential real estate litigation can help buyers, sellers, and other involved parties better handle the process, mitigate risks, and avoid costly legal battles. 

Failure to Disclose Defects

One of the most common causes of real estate litigation in California is the failure to disclose material defects or issues with the property.

Sellers are legally required to disclose known problems that could affect the value or desirability of the property, such as structural issues, water damage, mold, pest infestations, or zoning violations. If a buyer discovers undisclosed defects after closing, they may file a lawsuit for breach of contract, fraud, or misrepresentation.

Key Points:

  • Sellers must complete and provide a Transfer Disclosure Statement (TDS) and other mandatory disclosures.
  • Failure to disclose significant problems may result in the buyer seeking financial compensation or even rescinding the sale.

Contract Disputes

Residential real estate transactions rely on detailed purchase agreements that outline the obligations and rights of both the buyer and seller. Disputes often arise over issues such as financing contingencies, failure to meet deadlines, or ambiguous contract language. Contract-related litigation can occur when one party fails to perform their duties under the agreement or when misunderstandings lead to allegations of breach of contract.

Key Points:

  • Breach of contract claims often involves issues like missed deadlines or unmet contingencies (e.g., financing, inspections).
  • Courts may enforce specific performance, where the breaching party is required to fulfill the terms of the contract or award damages.

Title Disputes

Title issues can lead to significant disputes in residential real estate transactions.

Buyers expect to receive a clear and marketable title, but sometimes problems arise after the transaction. These disputes may involve unresolved liens, encumbrances, easements, or claims of ownership by third parties. Title disputes can result in legal action to quiet title or seek financial damages from title insurance companies if an issue was not uncovered before the sale.

Key Points:

  • Title insurance is a critical tool for protecting buyers against hidden title defects.
  • Legal remedies in title disputes may include quiet title actions or claims against title insurance.

Boundary and Easement Disputes

Boundary disputes are another frequent source of real estate litigation, particularly when neighboring property owners disagree over property lines, fences, or access rights.

Easements, which grant the right to use a portion of another person’s property for a specific purpose (e.g., a shared driveway or utility access) can also lead to disagreements. Litigation may be necessary to resolve such disputes and clarify property rights.

Key Points:

  • Boundary disputes often require land surveys and legal determinations of property lines.
  • Easement conflicts may involve disputes over access, usage rights, or encroachments.

Failure to Complete the Transaction

Occasionally, a real estate deal falls apart because one party fails to complete the transaction as agreed. This could be due to the buyer’s inability to secure financing, a change of mind, or the seller’s refusal to deliver the property. Such situations often result in lawsuits, with the non-breaching party seeking specific performance (forcing the sale to go through) or damages for the lost opportunity.

Key Points:

  • Litigation may involve claims of breach of contract, and courts may award damages or enforce the sale.
  • Contingencies (e.g., financing, inspection) should be carefully outlined to protect both parties.

Mortgage Fraud

Mortgage fraud involves any material misrepresentation, omission, or deception during the mortgage application process, and it can lead to civil or criminal real estate litigation.

Buyers, lenders, and real estate professionals may face legal consequences if they participate in or become victims of fraudulent schemes, such as inflating appraisals, providing false income information, or engaging in identity theft.

Key Points:

  • Mortgage fraud can result in severe penalties, including criminal charges, fines, and imprisonment.
  • Victims of mortgage fraud, such as lenders or buyers, may pursue civil claims for damages.

Construction Defects 

If a newly built or remodeled home contains significant defects, the buyer may file a lawsuit against the builder, contractor, or developer. Common construction defect claims include issues related to structural integrity, water intrusion, roofing problems, electrical or plumbing deficiencies, or substandard materials. These disputes can be highly complex, often requiring expert testimony to determine the cause and extent of the defects.

Key Points:

  • Homebuyers typically have the right to sue for construction defects that affect the property’s value or habitability.
  • California law provides for a 10-year statute of limitations for latent defects and a 4-year limitation for patent defects.

Landlord-Tenant Disputes

Although primarily associated with rental properties, landlord-tenant disputes can lead to residential real estate litigation

These disputes may involve issues such as rent payment disagreements, eviction proceedings, habitability claims, or violations of lease agreements. In California, the legal rights of landlords and tenants are strictly regulated, and failure to comply with state laws can result in significant liability.

Key Points:

  • California law, including the Tenant Protection Act, governs many aspects of the landlord-tenant relationship.
  • Litigation may arise over rent control, lease violations, and wrongful eviction claims.

Non-Disclosure of Environmental Hazards

California law mandates that sellers disclose any known environmental hazards affecting the property, such as the presence of lead-based paint, asbestos, radon, or contaminated soil. Failure to disclose environmental issues can lead to serious health risks and potential legal claims by buyers who were not properly informed before the sale.

Key Points:

  • Environmental disclosures are legally required, and failure to provide them can result in lawsuits for fraud or misrepresentation.
  • Buyers may seek compensation for remediation costs, health damages, or property devaluation.

Negligence or Misrepresentation by Real Estate Agents

Real estate agents play a vital role in residential transactions, acting as intermediaries between buyers and sellers. With that said, when agents fail to uphold their duties or misrepresent key aspects of a transaction, they may face litigation. Claims against agents often involve allegations of negligence, failure to disclose important information, or breach of fiduciary duty.

Key Points:

  • Real estate agents have a legal duty to act in the best interests of their clients and disclose any material facts about the property.
  • Legal claims may arise if an agent’s actions cause financial harm to a client.

Mitigating Risks of Residential Real Estate Litigation

While real estate litigation may sometimes be unavoidable, there are several steps that buyers, sellers, and real estate professionals can take to minimize the risk of disputes

  • Thorough Due Diligence: Buyers should conduct comprehensive inspections, title searches, and property assessments to uncover potential issues before closing.
  • Clear and Detailed Contracts: Well-drafted contracts that address contingencies, deadlines, and disclosure obligations can prevent many misunderstandings.
  • Engage Qualified Professionals: Working with experienced real estate agents, attorneys, and inspectors can help ensure that all legal and procedural requirements are met.
  • Maintain Open Communication: Buyers and sellers should engage in transparent, good-faith discussions to address concerns or resolve issues before they escalate.

Choose Our Proven and Capable California Real Estate Attorneys for Your Residential Real Estate Litigation

Thousands of clients have chosen our California real estate lawyers at Garmo & Garmo, LLP for these reasons: 

  • Extensive Legal Experience: Over 100 years of combined legal experience to handle your matter efficiently and cost-effectively.
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  • Personalized Attention: Personalized attention with direct access to your attorney and a 24-hour response policy.
  • Efficient Case Management: Immediate case action with a secure electronic client information system for efficient updates.
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