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Real Estate Litigation

California’s 10-Year Builder Warranty: What Homeowners Need to Know About Construction Defects

January 27, 2026 | By
California's 10-Year Builder Warranty

Buying or building a home is one of the biggest investments most people ever make. When serious problems like structural cracking, water intrusion, or foundation movement appear years later, homeowners are often left wondering whether they still have any legal protection. In California, the answer may lie in what’s commonly called the 10-Year Builder Warranty, a powerful but often misunderstood legal protection for construction defects. 

California law provides a statutory 10-year period during which homeowners may pursue claims for certain serious construction defects. However, this protection comes with strict rules, firm deadlines, and no room for delay. Understanding how the law works can make the difference between preserving your rights and losing them permanently. 

What is California’s 10-Year Builder Warranty? 

California’s 10-year builder warranty comes from Code of Civil Procedure …

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Posted In: Real Estate Litigation

Can’t Agree on Selling Your Property? How Co-Owners Can Force a Sale or Buy Out Their Partner in California

November 20, 2025 | By
How Co-Owners Can Force a Sale or Buy Out

Co-owning real property can be a great wealth building strategy until co-owners disagree about selling, refinancing, or keeping the property. When one owner wants to sell and the other refuses, California law offers a path to resolve these disputes through a partition action or a structured buyout.

In 2023, California enacted the Partition of Real Property Act (PRPA), a major reform that reshaped how some partition cases work. These changes dramatically affect litigation strategy, timelines, and outcomes for co-owners throughout the state.

This guide explains what the PRPA does, who it covers, how the buyout process works, and what steps you should take before filing or defending a partition action.

What Changed? Expanded Buyout Rights for Most Tenants-in-Common

Before 2023, California’s statutory buyout rights mainly protected heirs who inherited …

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Posted In: Blog, Partition Actions, Real Estate Litigation

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 …

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Posted In: Blog, Client Resources, Real Estate Litigation

Quiet Title Actions in California: Resolving Property Ownership Disputes

December 5, 2024 | By

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
…
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Posted In: Blog, Real Estate Litigation

Understanding the Case Management Conference

October 18, 2024 | By

Entering into litigation can be overwhelming, especially if it’s your first time navigating the legal system. One of the initial steps in a lawsuit is the Case Management Conference (CMC). If you’ve recently been informed about an upcoming CMC in your litigation matter, this guide is here to help you understand what it entails and how it affects your case.

What is a Case Management Conference (CMC)?

A Case Management Conference is a hearing scheduled by the court shortly after a lawsuit has been filed. Its primary purpose is to help the court manage the case efficiently by discussing:

  • The status of pleadings and whether any amendments are needed.
  • Jurisdiction and venue challenges.
  • Discovery schedules and motions.
  • Settlement options or alternative dispute resolution methods.
  • Any other matters that may facilitate
…
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Posted In: Blog, Real Estate Litigation

Dividing to Conquer: A Guide to Partition Actions and Property Disputes in California

September 27, 2024 | By

Imagine owning a piece of property with someone—whether it’s a family home, a duplex, or even a commercial lot—but disagreements arise, and neither of you can agree on what to do with it. What happens next? In California, the legal solution is often a partition action, a powerful tool that allows co-owners to divide or sell their shared property through the court. Whether it’s a single-family home, multi-unit dwelling, or vacant land, partition actions can resolve ownership disputes by breaking the deadlock between co-owners. And here’s the kicker: under California law, any co-owner has the absolute right to file for partition, even without the consent of the others. In essence, it’s the legal remedy that steps in when negotiation fails, offering a way out for those stuck in …

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Posted In: Blog, Real Estate Litigation

Common Liens and Judgments in Real Estate

August 29, 2024 | By

Property liens are an essential aspect of real estate that can significantly impact the ability to sell or refinance a property. A lien is a legal claim or encumbrance placed on a property, typically as a result of a debt owed by the property owner. Understanding the different types of liens and their implications is crucial for property owners, buyers, and real estate professionals. This article provides an overview of the most common property liens and judgments, explaining their nature, how they arise, and the potential consequences for the property owner.

What is a Property Lien?

A property lien is a legal claim against a piece of real estate, also known as real property, due to an unpaid debt. When a lien is placed on a property, it creates …

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Posted In: Blog, Civil Procedure, Real Estate Litigation

Preventing Adverse Possession – What Every California Property Owner Needs to Know

August 16, 2024 | By

If you own property in Los Angeles or anywhere else in California, it’s crucial to be aware of adverse possession. This legal concept can potentially allow a trespasser to claim ownership of your property if specific legal requirements are met. Understanding how adverse possession works and how to prevent it is essential for safeguarding your real estate assets.

What is Adverse Possession?

Adverse possession is a legal doctrine that permits a trespasser to potentially gain legal ownership of another person’s property. Under California law, this concept is governed by a combination of statutes and case law. The primary statute governing adverse possession in California is found in the California Code of Civil Procedure Sections 318, 319, 321, and 325. These statutes outline the legal requirements that must be met for …

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Posted In: Blog, Quiet Title Actions, Real Estate Litigation

Resulting Trusts In California

August 12, 2024 | By

Trusts are created by property owners to protect certain assets, privately transfer wealth, and reduce taxes.  However, trusts can fail and not operate as intended. In these situations, a probate judge could invoke a “resulting trust” as an equitable remedy to properly transfer the property, carry out the terms of the trust agreement, and protect the positions of the beneficiaries.

When trusts fail and assets need reassignment, the Vokshori Law Group’s experienced real estate litigation attorneys step in. They handle such cases to ensure a fair resolution and the proper reassignment of assets.

The Resulting Trust Remedy

There are three common reasons for a trust to fail:

  • the property owner did not fully fund the trust,
  • the owner did not update the trust as situations changed, or
  • the beneficiaries cannot
…
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Posted In: Blog, Quiet Title Actions, Real Estate Litigation

If Walls Could Talk: Understanding the Duty to Disclose in California Real Estate

July 15, 2024 | By

In the landmark case of Reed v. King (1983), the California Court of Appeal tackled the issue of whether a seller must disclose that a house was the site of a multiple murder. Dorris Reed purchased a house from Robert King, who, along with his real estate agents, failed to inform her that a woman and her four children had been murdered there ten years prior. Reed only learned about the murders from a neighbor after the purchase. She sued for rescission and damages, claiming the non-disclosure affected the property’s market value and desirability.

The court reversed the initial judgment, which had dismissed Reed’s complaint. It emphasized that sellers must disclose facts materially affecting the value or desirability of the property, especially if such facts are not readily observable by …

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Posted In: Blog, Failure to Disclose, Real Estate Litigation

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