Skip to main content
Monthly Archives

December 2024

Mediation and the CAR Residential Purchase Agreement: A Comprehensive Guide for Homeowners, Buyers, and Attorneys

December 11, 2024 | By
Mediation and the CAR Residential Purchase Agreement (1)

Disputes in California real estate transactions can arise from a variety of issues, ranging from earnest money deposit disagreements to undisclosed property defects. When these conflicts occur, the California Association of Realtors (CAR) Residential Purchase Agreement (RPA) provides an important step for resolution: mediation. This process, designed to avoid litigation, is not only efficient and cost-effective but also a prerequisite for recovering prevailing-party attorney’s fees in most disputes.

Here’s what you need to know about mediation, how it works, and why it’s an effective tool for resolving real estate disputes.

Why Mediation Is Required

Under the CAR RPA, buyers and sellers must attempt mediation before pursuing litigation or arbitration if they want to retain the right to recover attorney’s fees. Skipping this step or failing to engage in good faith …

Continue reading →

Posted In: Blog, Client Resources, Real Estate Litigation

Quiet Title Actions in California: Resolving Property Ownership Disputes

December 5, 2024 | By
Quiet Title Actions in California: Resolving Property Ownership Disputes

A quiet title action is a powerful legal tool used in California to resolve disputes over real property ownership or to clarify rights to a property. Governed by the California Code of Civil Procedure §§ 760.010 to 764.080, quiet title actions are typically pursued when adverse claims cloud a property’s title. These disputes, if left unresolved, can hinder sales, refinancing, or transfers of property.

This article provides an overview of quiet title actions, common scenarios requiring one, and a step-by-step guide to initiating and resolving these actions.

When Is a Quiet Title Action Appropriate?

Quiet title actions may be necessary in various circumstances, including:

  • Boundary disputes: Disagreements about property lines or encroachments.
  • Fraudulent conveyances: Claims involving forged deeds or transfers made under false pretenses.
  • Adverse possession claims: Situations where
Continue reading →

Posted In: Blog, Real Estate Litigation