Real Estate Litigation

Real Estate Litigation

Can a buyer recover damages against me when he discovers mold that I had no idea may have existed when I sold him the property last year?

As a real estate agent, what is my potential exposure to my clients with regards to informing them of recorded easements?

What are my options when my tenant stopped paying rent and vacated the apartment in a damaged condition?

Finch Law can help you quickly and correctly answer these questions and empower you to succeed in your legal endeavors.  Mr. Finch has extensive experience handling a wide range of real estate disputes from beginning to end in most California jurisdictions.  Throughout his career, Mr. Finch has represented sellers, relocation company sellers, buyers, brokers, and agents in non-disclosure, fraud, breach of contract, breach of warranty, and rescission cases.  Most of these cases involve issues concerning the California Association of Realtors transaction documents, including the Real Estate Purchase Agreement and Joint Escrow Instructions, the Real Estate Transfer Disclosure Statement (Civil Code Section 1102), the Seller Property Questionnaire, the Statewide Buyer and Seller Advisory, the Buyer’s Inspection Advisory, and the Notice of Contingency Removal.  Recoverable damages often include attorneys’ fees and costs, loss of use and enjoyment of property, carrying costs, deposits, cost of repair, return or recovery of commissions, and/or unwinding a transaction.

In general and in short: a seller has a duty to disclose known facts which materially affect the value or desirability of a property; a buyer has a duty to reasonably conduct due diligence to his satisfaction after reviewing a seller’s disclosures and before removing contingencies and closing escrow; and an agent has a duty to conduct a reasonably diligent and competent visual inspection of the accessible areas of the property and to disclose known facts.  Importantly, all parties to a residential real estate transaction must perform their statutory and contractual obligations in good faith.
Mr. Finch also represents landlords and tenants in a variety of lease disputes, including unlawful detainers, wrongful evictions, premises liability, and personal property claims.

Finch Law assists lenders to collect on secured loans, promissory notes, mortgages, and deeds of trust, including by initiating and litigating foreclosure actions or negotiating stipulated judgments.  In addition, Mr. Finch is experienced in resolving neighbor disputes and property line disputes involving easements, lot-line adjustment issues, and  Home Owners’ Association issues concerning interpretation and enforcement of Conditions, Covenants, and Restrictions (CC&R’s), including imposition of penalties regarding construction and landscaping issues.

Representative Matters

• Won jury verdict on fraud and rescission claims representing sellers of beach front residence in Orange County involving mold and water intrusion issues.
• Recently won motion for summary adjudication and defeated motion for new trial for national relocation company on breach of real estate purchase agreement case involving non-disclosure of errant golf balls on golf course property.
• Secured dismissals for $0 for sellers, relocation company seller, and broker/agent in fraudulent concealment and non-disclosure case in San Bernardino County binding arbitration matter involving roof repair and mold issues.
• Prepared winning motion for non-suit and assisted in jury trial in wrongful foreclosure case for national mortgage company.