Business and investment comes with risks of disputes over money or interests in stock, real estate or other property. Both individuals and business entities sometimes become embroiled in disputes that cannot be resolved without legal assistance.
Straggas Law Group assists its clients in resolving business disputes with vendors, investors, customers, co-shareholders, co-owners of property, and other persons. Changes in the real estate market can affect situations. Sometimes sellers sign a contract to sell their properties only to determine that the property is worth far more on the date of closing. Some of these sellers unfortunately try to renege on their contracts by not agreeing to close escrow.
Buying real estate can be a daunting proposition, especially in Southern California. Both residential and commercial properties can have latent defects due to expansive soils, water intrusion, painted-over mold, earth-movement, and hidden structural damage. Sometimes these defects are discovered only after escrow closes because the seller has failed to disclose, or even actively hidden, these defects.
In many cases recovery of money damages is the primary reason for the dispute, although property and shareholder rights are also often at stake. If the matter can be resolved appropriately and satisfactorily without a lawsuit, Straggas Law Group will work aggressively with its clients and the opposition to achieve early resolution.
Whenever a tenant fails to pay rent when due, for example, commercial landlords must nonetheless continue to pay loan servicing costs, taxes, insurance and property maintenance costs. Removing the defaulting tenant is a top priority in such cases.
Other cases may pertain to property lines. Sometimes people build fences, driveways or roads that are located (whether intentionally or unintentionally) on neighboring properties. Eventually owners of adjacent land parcels can become embroiled in disputes. In some instances, the law allows the improperly located improvements to remain, while under other circumstances, they must be removed. Sometimes parties can agree upon moving the boundary line.
In other cases, Straggas Law Group has the experience and expertise to bring or defend litigation, and skillfully advocate its clients’ positions before all California state and federal courts, or in arbitration.
For example, tenant-in-common ownership of real property has become a preferred way for individual investors to jointly own large commercial properties. Typically the sponsor of the tenant-in-common investment will assist in the acquisition, management and disposition of the property.
We're skilled in addressing the following real estate claims:
Specific performance of real estate contracts
Real estate markets go up and down. Straggas Law Group works on behalf of buyers to mediate, and if necessary, litigate claims of specific performance which would require sellers to close the deal on the original agreed upon terms.
Payment of broker commissions
Brokers and sales agents work hard for their commissions. In those rare instances when brokers or sales agents are not paid appropriately from escrow for a commission, Straggas Law Group works on their behalf to enforce their rights to payment.
Failure to disclose real estate defects
CA law provides potent remedies for buyers caught in a situation where they learn of defects after escrow has closed. Straggas Law Group has significant experience seeking damages and/or remedial repairs.
Commercial landlord tenant dispute and evictions
Straggas Law Group works on behalf of commercial landlords towards achieving a cost-effective result and returning the property to productive use by a rent-paying tenant when that tenant doesn't pay on time.
Property line disputes
California is a land of sunshine and great weather. Unfortunately, it is also the land of earthquakes and mudslides. Over years and decades, disputes can arise over the location of property lines. Straggas Law Group assists its clients in resolving property line disputes through mediation, litigation or arbitration, and sometimes through the processing of a lot-line adjustment.
Tenant in common and fractionalized ownership disputes
Often individual investors will utilize the tenant-in-common ownership opportunity to quickly satisfy the up-leg purchase requirements for an Internal Revenue Code Section 1031 tax-free real property exchange. Too often, tenant-in-common investment platforms result in disputes between the sponsor and the individual investors. Straggas Law Group assists its clients in effectively resolving these disputes in arbitration or litigation.