San Diego Real Estate Litigation Lawyer Solving Problems for Real Property Buyers and Sellers
Jon Alan Enochs frequently represents wholesalers who buy distressed property and fix it up to sell at a profit. Although these properties can represent a great return of investment to a sophisticated buyer, there are often hidden issues with the condition of the property or its title. The presence of these issues may explain why the property seemed like such a bargain at first, but unless the matters are resolved expertly and efficiently, the project can turn out to be more trouble for the investor than it is worth. San Diego attorney Jon Alan Enochs steps in to analyze the situation, advise clients accordingly, and work to come up with a solution that protects their investment and helps them realize their objectives.
Listed below are examples of the kinds of cases which typify the real estate litigation practice of Jon Alan Enochs.
Title Issues – Distressed property owners may have encumbered the property or defaulted on other bills or loan payments which resulted in liens being placed on the property. A neighboring property owner or government utility may have an easement which affects your ability to use the property, or there may be multiple surveys of boundary lines that raise disputes regarding your right to the property offered for sale. Property may even be sold by persons who don’t have clear title or the legal right to sell the property, but hide their identity or forge documents to defraud an innocent buyer.
Structural Issues – Improvements may need to be made in order for the home to pass inspection. Also, additions to the home may have been made without first obtaining the require permits. Nonpermitted additions should be disclosed to the buyer or uncovered through a diligent inspection. The costs and responsibilities regarding improvements and permitting need to be established clearly with the help of an attorney who is an effective negotiator and strong litigator.
Environmental Concerns – The presence of asbestos, mold or lead paint can represent a serious cost issue to be dealt with. Government regulations can require expensive containment or cleanup measures. If discovered prior to the sale, the costs involved can be addressed between buyer and seller through contract negotiations. Otherwise, litigation may be necessary.
Elder Abuse – Special laws are in place in California to protect seniors in real estate transactions. A person buying property from someone 65 or older could be accused of financial elder abuse for taking the property fraudulently or using undue influence to take the property in a way that is harmful to the elder. A person held to violate these laws can be liable not only for actual, compensatory damages but also damages for pain and suffering and emotional distress, and liability for the other party’s attorney’s fees.
Seller Fails to Perform in Escrow – While the property is in escrow, the seller may acquire many additional responsibilities based upon the results of home and title inspections. These duties may include making improvements to the home ranging from installing smoke detectors and replacing broken tiles to repairing major cracks in the foundation. Title clouds or defects may also need to be resolved, requiring the seller to pay off liens or otherwise settle claims against the property.
Third Party Interference – Sometimes other investors, agents or brokers will try to get involved in a real estate transaction that is already underway between buyer and seller. For instance, an agent or investor may offer more money to a seller who is already under contract with a buyer, tempting the seller to find a way to break the contract. An experienced real estate litigation attorney can help resolve these matters and protect your rights and investment.
Help is Available from a Seasoned, Knowledgeable San Diego Real Estate Attorney
Attorney Jon Alan Enochs has decades of experience in real estate litigation both as an attorney and in the banking field dealing with credit and collections on real estate secured loan transactions. If you are looking to invest in real property in San Diego, contact Jon Alan Enochs for advice and assistance throughout the process, including the resolution of any legal disputes which occur during or after the transaction.