Jon Alan Enochs

Sale / Purchase

The purchasing or sale of property is necessarily a complicated transaction. A buyer has to concern himself with the physical condition of the property as well as title to the property. Whereas the seller of the property must necessarily ensure that they make appropriate and adequate disclosures to the buyer concerning the condition and title to the property. When a dispute arises between a buyer and seller it usually has to do with a failure to disclose. The buyer usually claims that the seller failed to disclose pertinent information whereas the seller claims that they did make adequate disclosures. Often these disputes find their way into the court room.

Usually when a dispute arises between a buyer and seller it has to do with an element of buyer surprise. After the buyer takes possession of the property the buyer subsequently discovers a defect in the physical condition of the property or in title to the property. A defect with the physical condition of the property would involve things such as a cracked slab, water damage, mold damage, prior construction without appropriate permits, etc. Defects in title arise where the buyer is surprised that there is a lien on the property that the buyer was unaware of at the time of purchase, or a third party claiming an interest in the property that the buyer had not anticipated at the time of purchase, etc.

Most of these sales transactions are documented using the forms provided by the California Association of Realtors. Within these forms created by the California Association of Realtors there is a contractual attorney fees provision. Meaning that in the event a dispute finds its way into the court system the prevailing party shall be entitled to reimbursement for the reasonable value of their attorney fees and costs. By virtue of this attorney fees provision a buyer or seller should not cavalierly enter into litigation without first consulting an attorney.

I have experience in both defending and prosecuting these types of claims and can be of assistance in resolving these types of disputes swiftly and efficiently.

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