Real estate lawsuits involve a number of possible legal causes of action, including breach of contract, specific performance, partition, breach of fiduciary duty, real estate fraud, quiet title and boundary disputes, among others. How do you know which causes of action are applicable to your real estate lawsuit and what do these different legal terms actually mean?
One of the most common causes of action in a real estate lawsuit, both in California and nationwide, is breach of contract. Oftentimes two parties will have either a written or oral agreement that governs their business dealings together. The contract can include a purchase and sale agreement, a lease, a partnership agreement, an option or any other agreement between one or more parties where each party has made promises to the other. In a breach of contract action the plaintiff must establish that it performed its side of the agreement (or was excused from doing so) but that the defendant did not. The plaintiff is entitled to recover any damages it suffered. This is probably the most common cause of action in real estate litigation.
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If you’re new to buying or selling property, chances are you’ve never heard of the term ‘conveyancing’.
However, once you start looking a bit closer at the whole moving process, you start to realise just how important conveyancing is, and just how vital a role your conveyancing lawyer or licensed conveyancer plays in helping you move home.
To keep things simple, conveyancing is the term used to describe the transfer of ownership of a property from one person to another.
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Property deeds can often be a mind-boggling affair for the first time real estate buyer or seller. General warranty, special warranty, bargain and sale… how do you tell them apart? Which one will be perfect for you? Read on for the full answers in plain English.
To begin with, all three property deed forms do a fine job of transferring property ownership from the seller to the buyer. The biting difference here is who (buyer or seller) will be doling out cold, hard cash if something goes wrong with the property title.
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