Real Estate Litigation

Real estate disputes can arise at every stage of property ownership, and the attorneys at the Santa Barbara law firm of McCarthy & Kroes understand the costs at stake.  Whether the property is residential or commercial, for purchase, sale or lease, investment in real estate often involves significant sums of money as well as a great deal of time in activities such as planning, investigation, diligence, construction, and maintenance.  When litigation involves real estate as the subject matter, you need an aggressive, experienced trial attorney who will represent your interests in whatever forum is required, from the negotiating table to the courtroom.

Our skilled and capable lawyers are experienced in representing individuals and businesses in many types of real estate disputes, including:

• Property line disputes, boundaries and easements
• Title Defects
• Problems at closing
• Buy-Sell Agreements
• Landlord-tenant disputes (quiet enjoyment, possession, unpaid rent, habitability)
• Zoning and land use
• Joint-tenants and partitions
• Construction (design and workmanship, soil and slope stability)
• Quiet title suits
• Foreclosures
• Specific performance
• Fraudulent conveyance of deeds

Transfer Disclosure Statements

We represent both buyers and sellers in all types of transactions, as well as representing real estate agents in matters such as transfer disclosure statements and claims of failure to disclose.  California law requires most property transfers to be accompanied by a written disclosure of the condition of the property.  This disclosure applies to the property itself as well as to items on the property such as appliances, alarms, and other additions.  The disclosure must describe the operating condition of these items and the condition of the property itself, such as cracks in the walls or sidewalks, leaky roofs, etc.  In addition, the statement should disclose any other conditions affecting the use or enjoyment of the property, such as the existence of easements, neighborhood nuisances, or environmental hazards, or if any part of the property was built without the proper permits or in violation of applicable zoning laws.

Whether you are a buyer, seller, agent, or other party to a transaction, from planning and development to buying and selling, from closing to foreclosing, the law office of McCarthy & Kroes can effectively represent your interests in litigation and dispute resolution.  To discuss your case and obtain professional representation, contact McCarthy & Kroes today.