San Jose Real Estate Litigation Lawyer

Real estate disputes are common in spite of the best efforts of all the parties involved in a transaction. From contract disputes and undisclosed property defects to any dispute regarding easement and encroachment, it is crucial to consult with a qualified real estate litigation attorney.

At BoyesLegal, APC, we try to resolve real estate disputes through negotiation and mediation, but we are well-prepared to handle all types of real estate litigation. Our clients include buyers and sellers, owners and developers, landlords and tenants, and real estate professionals. 

Once you become our client, you can rest assured that your interests will be protected in or out of the courtroom. Contact our office today to schedule your initial consultation.  

Real Estate Litigation Attorneys Serving San Jose

Our California real estate litigators are highly experienced in handling all types of disputes involving residential and commercial property, including:

  • Breach of contract – If a party to a purchase and sales agreement breaches the contract (e.g. fails to close escrow), the other party can file a lawsuit to recover monetary damages and seek other remedies such as specific performance.
  • Breach of warranty – Sellers who put property up for sale guarantee that they possess clear title and can be held liable for breach of warranty if they cannot pass clear title to the buyer.
  • Quiet title – When conflicts arise between multiple parties with a claim or interest in real property, a lawsuit can be filed to establish ownership and “quiet” claims due to unclear transfers of the property that have previously occurred.
  • Easement dispute – Property owners often become involved in disputes with local governments and utilities over the scope of an easement or with neighbors over property boundaries, fences, and variances.
  • Land use and zoning disputes – Our legal team litigates land use and zoning law issues on behalf of both zoning applicants and local governments in federal, state, and local courts and before administrative tribunals throughout California and Arizona.
  • Landlord-tenant disputes – Disputes between landlords and tenants typically involve termination and eviction, health and safety standards, security deposit limits and returns, landlord access to rental property, and fair housing rights and discrimination.
  • Title defects and insurance litigation – Our firm represents buyers and sellers in title claims related to various defects, such as liens against the property (e.g. mechanic’s lien), tax levies, and undisclosed easements.
  • Partition action –When property owners cannot agree on the disposition of jointly owned real property, particularly through an inheritance, one of the parties can file a partition action to obtain a court order dividing the property into appropriately proportionate parcels.
  • Construction disputes – We represent buyers, developers, architects, engineers, contractors, and subcontractors in construction litigation arising from claims of professional negligence, delay claims, implied and express warranties, and payment disputes.
  • Fraudulent Conveyance – Fraudulent conveyance or fraudulent transfer occurs when a debtor filing for bankruptcy transfers real property to another party with the intent to defraud, hinder, or delay a creditor’s ability to collect on a debt.  
  • Foreclosures – We represent borrowers and lenders in foreclosure proceedings. Our San Jose real estate litigation attorney works to resolve disputes related to loan agreements and advises residential and commercial property owners in default on loan workouts and short sales. 

At BoyesLegal, we leverage our knowledge of real estate laws in California and Arizona to resolve disputes through negotiation and litigation. When you consult with us, we will take the time to learn about your circumstances and explore all your options. Above all, we will work in your best interests at all times and guide you every step of the way. 

The BoyesLegal Difference

Because real estate litigation can be costly and time-consuming, many of our clients benefit from alternative dispute resolution proceedings, such as mediation and arbitration.  Also, it is common for real estate contracts to include mandatory arbitration provisions.

We have extensive experience handling complex real estate disputes in arbitration proceedings and have a proven history of achieving positive outcomes throughout San Jose, but we are always ready to litigate and provide our clients with aggressive courtroom representation. Our legal team can carry you through a real estate dispute from the initial negotiation to a settlement or trial, work to minimize liability in the process, and protect your investment. 

Contact Our Experienced San Jose Real Estate Litigation Lawyers

Whether you are involved in a dispute over a purchase and sales contract, problems with title or survey, misrepresentation by a buyer, seller, or developer, or any other type of real estate-related dispute, turn to BoyesLegal. 

By working with our capable San Jose real estate litigation attorney, you can avoid or settle disputes quickly and efficiently. We offer free consultations, cost-effective service, and trustworthy advice. The sooner you contact our office, the sooner we can start working on your case.

BoyesLegal provides real estate litigation services to clients in San Jose and throughout the states of California and Arizona.