Real Estate Litigation

Sometimes real estate transactions don’t go as planned. Our litigators, in combination with our real estate team, have decades of experience litigating real estate disputes. We understand real estate transactions, from contract negotiation through closing, to post-closing events that can derail a project. We have represented some of the largest builders in the country, as well as small family builders and individual homeowners.

Our attorneys can handle virtually any type of real estate litigation, including disputes relating to:

  • Acquisition and development: disputes arising under purchase and sale agreements, option agreements, development agreements, and land use and zoning disputes
  • Construction: disputes relating to agreements with general contractors, subcontractors and lien disputes
  • Management: litigation of property management agreements and prosecution of receivership actions
  • Real estate brokers and agents: disputes relating to brokers, agents and their ethical and fiduciary obligations, as well as alleged breaches in civil actions and in ethics proceedings before state regulatory agencies
  • Loan workouts, trustee’s sales/foreclosures, collection and bankruptcy: disputes relating to business loan agreements, promissory notes, deeds of trust, assignments of rent and guarantees, including loan workouts/restructurings, trustee’s sales, deficiency actions and related bankruptcy proceedings such as motions for relief from the automatic stay
  • Title disputes: easement, property line, adverse possession, quiet title, trespass, nuisance and other title disputes and actions
  • Landlord-tenant disputes: eviction proceedings, complex lease interpretation issues and the entire spectrum of landlord-tenant disputes
  • HOA disputes: disputes relating to communities governed by homeowners’ associations and related CC&Rs
  • Partitions: partition proceedings, unmarried couples who own property as joint tenants, and disputes among heirs and “family-owned” real estate
  • Subsurface rights: disputes relating to water and mineral rights

If you need representation for a real estate litigation matter, contact Bagwell Holt Smith P.A. to discuss how our attorneys can assist.