I am often asked this question, “what kinds of real estate disputes do you mediate?”
Here are just some of the types of allegations that come to mind from some of the disputes I have mediated in recent memory:
∙ Buyer/Seller – pre-litigation issues, escrow deposits, specific performance, breach of contract, non-disclosure, etc.
∙ Brokerage – pre-litigation issues, agency issues, commissions, non-disclosure, negligence, breach of fiduciary duty, etc.
∙ Construction – mechanics lien, breach of contract, nonpayment, defective construction, etc.
∙ Co-ownership – partition, buy/sell, accounting, quiet title, off record ownership, trustee issues, nuisance, waste, etc.
∙ Development – partnership dissolution, management issues, breach of fiduciary duty, breach of contract, etc.
∙ Homeowner Associations – CC&Rs, common area issues, owner/HOA issues, construction, etc.
∙ Landlord/Tenant – residential, commercial, breach of lease, wrongful eviction, habitability, nuisance, waste, security deposits, other rental issues, etc.
∙ Lender/Borrower and Lender/Lender – wrongful foreclosure, deficiency, reinstatement, anti-deficiency issues, lien priority, etc.
∙ Neighbor/Neighbor – encroachment, boundary disputes, easements, rights of way, nuisance, etc.
∙ Title – lien rights, ownership rights, use rights, quiet title, insured rights, etc.
∙ Anything else that touches or concerns land, rights in land, interests in land, or other expectancies.
This is a nonexclusive list which at least provides some of the answers to the question posed!