Real estate contracts often contain arbitration clauses requiring the parties to mediate and arbitrate their claims. Arbitrations typically include disputes between broker/agent, broker/buyer/seller, and seller/buyer. Arbitration awards must be confirmed by a court to convert the award to a judgment which can then be enforced. It is critical to select the right arbitration/mediation provider and to understand the rules governing this form of alternate dispute resolution. Fisher Law Corporation has successfully handled more than 100 arbitrations and mediations and has vast experience in all aspects of the processes.
An encroachment is an intrusion on the land or property owned by another. Real estate encroachments commonly occur when one property owner violates the property rights of an adjacent property owner by building on that neighbor's land. An easement is the right others have to use real property belonging to you. Common real property easements include utility company rights to access your backyard or others' rights to cross over your land to access their property. Navigating through the law on easements and encroachments is complicated and something that Fisher Law Corporation has 30+ years experience in this area of the law.
Construction law is a branch of law that deals with matters relating to building construction, engineering and related fields. It is an amalgam of contract law, commercial law, planning law, employment law and tort. Construction law covers a wide range of legal issues including contract, negligence, bonds and bonding, guarantees and sureties, liens and other security interests, tendering, construction claims, and related consultancy contracts. Construction law affects many participants in the construction industry, including financial institutions, surveyors, architects, builders, engineers, construction workers, and planners. We guide you through these myriad fields of law.
Deeds in lieu effectively give up all claims and rights to real property in exchange for the ability to walk away from a mortgage. Short sales allow a seller to sell a property for less than the amount of the mortgage. There can be significant tax consequences related to a short sale. Foreclosures involve complicated laws and issues, especially when a loan is personally guaranteed. A purchase money loan and a refinance loan have significant differences in the borrower’s liability. This area of law is highly specialized. Fisher Law Corporation has expertise in navigating borrowers, creditors, banks, lenders and others through these complex matters.
Once a contract is reached between a buyer and seller, the final step is to open escrow and close the transaction. The closing process includes the assistance of a title company. Title companies make sure a title is clear of any and all encumbrances. This includes liens, judgments, forgeries, fraud and anything else that must be cleared before the deal goes through. After the title company deems the title clear, it issues an insurance policy (title insurance) to protect the buyer and lender from claims and disputes over the property that may occur in the future. Escrow services provide a neutral third-party agent or officer who handles title and escrow work, financing, transaction instructions and other paperwork related to the purchase, mortgage refinance or other title transfer. Fisher Law Corporation represents title companies, escrow companies, buyers, and sellers in all aspects of the closing process.
Fraud has many faces. Actual fraud consists of any of the following acts, committed by or with the connivance of a party to a contract with intent to deceive another party to the contract, or to induce the other party to enter into the contract [Civ. Code §1572]: the suggestion, as a fact, of that which is not true, by one who does not believe it to be true; the positive assertion, in any manner not warranted by the information of the person making it, of that which is not true, though the person making the assertion believes it to be true; the suppression of that which is true, by one having knowledge or belief of the fact; a promise made without any intention of performing it; and any other act designed to deceive. Constructive fraud consists of any breach of duty which, without actual fraudulent intent, gains an advantage to the person in fault, or any one claiming under the person in fault, by misleading another to the prejudice of the person misled, or to the prejudice of anyone claiming under the person misled. [Civ. Code §1573(1)] In addition, constructive fraud consists of any act or omission that the law specially declares to be fraudulent, without respect to actual fraud. [Civ. Code §1573(2)] Fisher Law Corporation has prosecuted and defended myriad fraud cases, winning significant punitive damages time and time again.
Whether you are involved in a residential lease or a commercial or industrial lease, Fisher Law Corporation has for decades represented its landlord and tenant clients in both transactions and litigation. From Americans with Disabilities Act to Zoning law violations, and everything in between, we successfully handle these matters with outstanding results.
A mechanics lien is a "hold" against your property, filed by an unpaid contractor, subcontractor, laborer, or material supplier, and is recorded with the county recorder's office. If unpaid, it allows a foreclosure action, forcing the sale of the property in lieu of compensation. A lien can result when the prime contractor (referred to as a "direct contractor" in mechanics lien revision statutes) has not paid subcontractors, laborers, or suppliers. Legally, the homeowner is ultimately responsible for payment even if they already have paid the direct contractor. The California Mechanic’s Lien law is highly structured and regulated, and without an experienced law firm like Fisher Law Corporation, rights can be waived or lost inadvertently.
The laws governing real estate brokers and agents are vast. The issues are many, involving licensing, administrative disciplinary proceedings, brokerage operations and compliance audits, trust fund accounting principles, disputes between agents, brokers, buyers and sellers, contract disputes, fraud and much more. Fisher Law Corporation has been representing brokers, agents, buyers and sellers for over three decades.
Under California law, a receiver is a court officer or representative appointed to take over control and management of property that is the subject of litigation before the court, to preserve the property, and ultimately to dispose of it in accordance with the court’s final judgment. See CCP §564. As set forth in Cal Rules of Ct 3.1179(a), the receiver is a neutral, disinterested agent who acts for the benefit of all who may have an interest in the property for which a receiver is requested. The receiver holds assets specifically for the court, not for the plaintiff or defendant in any action. Obtaining a receiver, or defending against a party seeking the appointment of a receiver, is a tricky procedure that often moves extremely fast and requires an experienced law firm like Fisher Law Corporation to protect your interests.
In California, there are two types of title insurance policies. The CLTA (California Land Title Association) policy insures the property owner and the ALTA (American Land Title Association) is an extended coverage policy that insures the lender against possible unrecorded risks excluded in the CLTA policy. Unlike other types of insurance which cover future possible losses and involve ongoing premiums, title insurance is a one-time expense and protects against things springing up from the past that might take your home or equity away. This includes claims by others that they are the true owners of your property, recorded liens, past judgments attaching to your property and other title defects that would be apparent in the public records. There are plenty of things not covered by title insurance, however. Your title policy doesn't cover future fraudulent schemes to mortgage your property without you even knowing about it. Basic title insurance also won't cover most border disputes or claims by a neighbor whose driveway has been encroaching so long on your property that he or she can claim what's known as a prescriptive easement. There are title insurance policies that will cover you in case their is a boundary dispute, but these policies require a survey--and are costly.