Real Estate Litigation

Real Estate Litigation and Title Disputes

Resolving Residential and Commercial Real Estate Disputes in the Sacramento Area

The Law Office of David Barrett represents buyers, sellers, lenders, developers, owners, lessors, tenants, and brokers in all real estate disputes. We seek to head off full-scale litigation when possible but will fiercely protect our clients' legal interests in court. Because real estate is often times a clients largest asset, it is important to retain a lawyer knowledgeable in electronic discovery so that every effort to secure evidence can be utilized to protect the clients assets.

Attorney David S. Barrett handles real estate litigation involving single-family homes, town homes, condominiums and apartment buildings. Based in downtown Sacramento, he serves clients in Sacramento, Placer, Yolo and El Dorado counties. Call us today at 916-440-0233 to schedule a one-on-one consultation.

Disputes Arising from Real Estate Transactions

Disputes with agents or brokers: Real estate professionals have a high duty to act ethically in dealings with buyers. We bring lawsuits against unscrupulous seller agents or brokers for non-disclosure, breach of fiduciary duty, high-pressure sales tactics or outright misrepresentation.

One broker told our client a pipe protruding from the ground was an innocuous remnant of an old pool; in reality it was part of an active sewage line with an easement to the neighbor's property.

Non-disclosure of facts: We seek damages and refunds of down payments on behalf of buyers or investors for a seller's failure to make required pre-sale disclosures of:

Known structural defects
Additions or improvements made without proper permits
Judgment liens, mortgage liens, easements, or other title defects

Enforcement of purchase agreements: We pursue monetary damages for either party when purchase agreements fall through. On behalf of sellers, we pursue court enforcement of a buyer's obligations or judgments previously rendered. On behalf of buyers, we can fight enforcement on grounds of seller misrepresentation.

Easement disputes: We represent buyers or sellers in resolving disputes over invalid easements, easements by necessity, and prescriptive easements, as for property access, utilities, or a longstanding use.

Other Types of Real Estate Disputes and Related Issues

Foreclosures: Mr. Barrett represents buyers, sellers, investors or lien holders in actions to foreclose on delinquent mortgages. His representation includes negotiation of short sales in lieu of foreclosure.

Quiet title actions: We represent land owners petitioning the court to quiet old liens and other adverse claims on the property, or represent those challenging the quiet title action.

Partition actions: When joint owners cannot agree on sale or development of property, David Barrett can petition the court to decide: (a) divide the property into separate parcels (b) force a sale and divide the proceeds, or (c) compel one party to buy out the other's interest.

Landlord-tenant disputes: We represent residential or commercial property owners or tenants in resolving conflicts over rent or other terms of the lease agreement.

David Barrett is a skilled negotiator and skilled trial lawyer. He returns calls and works closely with clients through resolution. Call our Sacramento office at 916-440-0233 or contact us online to schedule a consultation about your real estate dispute.