Settled action to SET ASIDE SALE of

Settled action to SET ASIDE SALE of real property brought by highly emotional widow who challenged the validity of sales agreement based on alleged LACK OF CONSENT. Buyers countered with claim that sale was valid and should be recognized as binding.

Settled case brought by family of decedent

Settled case brought by family of decedent against CEMETERY OWNER for BREACH OF CONTRACT and emotional distress damages, when cemetery mistakenly buried another decedent in the gravesite previously selected and purchased by the plaintiffs. CULTURAL AWARENESS and Feng Shui issues weighed heavily in the negotiated resolution.

BREACH OF WARRANTY OF HABITABILITY claim in

BREACH OF WARRANTY OF HABITABILITY claim in which former tenant claimed that WATER INTRUSION prevented her from living in her apartment unit and caused personal injury in the form of MOLD EXPOSURE to her children. Rental expenses, property loss and personal injury were all claimed.

Buyer of vacant plot of land sued

Buyer of vacant plot of land sued seller’s agent for failure to alert buyer of discrepancy in BOUNDARY LOT LINES based on undisclosed SURVEY. Buyer claimed that lot was smaller than represented, and that difference in lot size made planned construction more costly and difficult.

LANDLORD/TENANT action in which Tenant claimed that

LANDLORD/TENANT action in which Tenant claimed that Landlord breached statutory obligations and caused CONSTRUCTIVE EVICTION of Tenant by failing to provide heat to premises and renting an untenantable and unpermitted room. Tenant also claimed emotional distress and general damages for anxiety and discomfort.

Mediated pre-litigation claim for DOG BITE sustained

Mediated pre-litigation claim for DOG BITE sustained by NEIGHBOR against dog owner. Related issues involved claims of abusive conduct and CIVIL ASSAULT.

Mediated pre-litigation REAL ESTATE NON DISCLOSURE matter

Mediated pre-litigation REAL ESTATE NON DISCLOSURE matter brought by buyers after discovery of WATER INTRUSION damage and MOLD. Buyers claimed that Sellers failed to disclose alleged defects before sale, resulting in significant repair and construction costs.

NEIGHBOR DISPUTE between property owners involving issues

NEIGHBOR DISPUTE between property owners involving issues of unpermitted structures and alleged damage to neighboring property. Dispute was a highly emotional and contentious one between sophisticated landowners.

Action by former TENANT against owner of

Action by former TENANT against owner of property for breach of HABITABILITY and to recover rent paid for UNPERMITTED conversion unit. Issues related to whether tenant misused the property, causing habitability claims, and to whether tenant was constructively evicted, and if so, what the proper measure of damages should be.

Action for PARTITION of residential real property

Action for PARTITION of residential real property brought by one TENANT IN COMMON against the other. New tenant in common was not the tenant in possession and acquired its one -half interest from the brother of the co-tenant who was in possession. The issues included CREDITS for overpayment of proportionate share of monies spent for the common benefit of the property; liability for MORTGAGE PAYMENTS; and whether an OUSTER existed entitling one co-tenant to damages. Attorneys’ fees and other costs were also disputed.

Action to determine RIGHT TO COMMISSION on

Action to determine RIGHT TO COMMISSION on sale of residential real estate. Seller disputed that agent and broker were entitled to commission, alleging BREACH OF FIDUCIARY DUTIES and failure to follow seller’s instructions. Agent/brokerage company claimed it was entitled to full commission earned on sale of property. Dispute settled prior to litigation being filed.

AGENT BREACH OF FIDUCIARY DUTY claimed by

AGENT BREACH OF FIDUCIARY DUTY claimed by clients when complicated multiple sales/purchase contingency transactions failed to close. Clients alleged that agent who acted as DUAL AGENT in one of the transactions, favored interests of other party over theirs. Clients claimed damages in securing a substitute property and in being without a place to live in the interim.

Effective California Mediator

Case Results: Real Property