Real Estate Law and Nondisclosure

Our firm offers deep experience in litigation that involves real estate, real estate development / construction, agency, and finance. This includes every manner of contract disputes such as nondisclosure, development and construction, purchase option agreements, boundary disputes, agent and broker liability, title and escrow liability, leases, rights of first refusal, acquisitions, adjustment of property lines, zoning, easements, adverse possession, liens, and lender foreclosures. Our clients occupy the entire range of wealth and sophistication from institutional lenders to single family home-buyers in Tiburon, Corte Madera, Larkspur, Belvedere, Sausalito and Mill Valley; and includes real estate investors, developers, landowners, landlords, brokers, sellers, purchasers, and contracting parties.

Services include:

• Real Estate Nondisclosure: Our firm distinguishes itself from general legal practitioners by our focus on real estate nondisclosure. We have represented sellers, buyers, as well as real estate brokers and agents in nondisclosure actions related to construction and maintenance conditions, mold, business income fraud, undisclosed liens, well supply and riparian water rights,  unpermitted improvements, asbestos and nuisance claims.
• Real Estate Easement and Boundary Disputes: Our firm has represented owners, developers, institutional lenders and title companies in all aspects of easement, boundary line, survey and the related title rights issue. Our experience extends into commercial encroachment permitting, utility and subsurface access design, and condemnation rights. Owners can increase the value of their real property by perfecting their existing use into a recordable ingress and egress easement.  Our client sellers often require our analysis in the sale and disclosure context, or in a written title opinion. Our firm maintains a close liaison with expert engineers, surveyors and appraisers, so that the client receives a thorough understanding of the risks and costs associated with a particular approach or strategy.
• Commercial Lease Actions: commercial lease enforcement, tenant improvement cost recovery and lease workouts.
• Lender, Title and Escrow: Our attorneys have represented commercial and residential lenders in hundreds of loan/escrow/title matters.  Our experience includes common law and regulatory issues unique to lenders and title companies, including lien priority, foreclosure, deficiency analysis, Truth in Lending, RESPA, fair credit, appraisal matters. We also represent title insurers in connection with regulatory issues and lien priority issues.