Protecting Property Rights in California Courts
We represent property owners, buyers, and tenants in real estate disputes including fraud, failure to disclose, breach of purchase agreements, landlord-tenant matters, and property damage claims.
California real estate litigation resolves disputes over property — including seller or broker fraud, failure to disclose material defects, breach of a purchase and sale agreement, wrongful eviction, and property damage. Plaintiffs may seek remedies such as damages, rescission, or specific performance under theories including fraud (Civil Code § 1572), the seller’s disclosure duty (Civil Code § 1102), and the implied warranty of habitability. Trujillo & Winnick LLP represents plaintiffs in these matters across California.
Real Estate Disputes We Handle
Real Estate Fraud & Nondisclosure
California sellers must disclose known material defects, typically through a Real Estate Transfer Disclosure Statement under Civil Code § 1102. We evaluate claims for fraudulent misrepresentation and deceit (Civil Code §§ 1572, 1710), failure to disclose material defects, agent and broker fraud, and concealment of encumbrances or title defects.
Breach of Purchase and Sale Agreements
When a real estate transaction fails, plaintiffs may pursue specific performance, rescission (Civil Code § 1689), or damages, depending on the terms of the agreement and the nature of the breach.
Property Damage & Diminution in Value
We pursue claims against industrial and commercial operators for damage or loss of value, including private nuisance (Civil Code § 3479) and trespass involving neighboring properties, and environmental contamination affecting property value.
Landlord-Tenant Disputes
We handle commercial and significant residential disputes, including breach of lease, wrongful eviction, and habitability claims under the implied warranty of habitability (Civil Code § 1941.1) and retaliatory-eviction protections (Civil Code § 1942.5).
Construction Defect
We evaluate claims against builders, contractors, and developers for defective construction and resulting damage, including claims under California’s Right to Repair Act (Civil Code § 895 et seq., “SB 800”).
How We Approach Real Estate Litigation
Real estate litigation often involves overlapping claims, title issues, and significant discovery. We evaluate each matter for legal merit and realistic recovery — reviewing the transaction documents, disclosures, title record, and available evidence — before recommending litigation.
Each real estate matter is evaluated on its own facts. Nothing on this page constitutes legal advice or a guarantee of results.
Frequently Asked Questions
What real estate claims do you evaluate?
We evaluate real estate fraud, failure to disclose material defects, breach of purchase or sale contracts, landlord-tenant disputes, property damage, nuisance, trespass, and construction defect — as well as claims arising from industrial or commercial operations that affect residential property.
Does California require sellers to disclose property defects?
Generally yes. California sellers of residential property must disclose known material defects, typically through a Real Estate Transfer Disclosure Statement under Civil Code § 1102. A seller or agent who conceals or misrepresents a known defect may face liability for fraud or nondisclosure.
What is the difference between rescission and specific performance?
Rescission cancels the contract and restores the parties to their prior positions, often used where there was fraud or a fundamental defect. Specific performance asks the court to order the sale to close as agreed. The right remedy depends on the facts and the contract.
Can I sue over property damage caused by a nearby business?
Possibly. Where a neighboring industrial or commercial operation damages your property or reduces its value through contamination, emissions, or interference, claims may arise for private nuisance (Civil Code § 3479), trespass, or negligence. An attorney can evaluate the source, the harm, and the evidence.
What laws govern California real estate disputes?
Common frameworks include the seller's disclosure duty (Civil Code § 1102), fraud and deceit (Civil Code §§ 1572, 1710), rescission (Civil Code § 1689), the implied warranty of habitability (Civil Code § 1941.1), private nuisance (Civil Code § 3479), and the Right to Repair Act (Civil Code § 895 et seq.). Which apply depends on the dispute.