Real Estate Litigation & Eminent Domain

California Real Estate Litigation Attorneys

At McQueen & Ashman LLP, in Irvine, California, our lawyers offer creative and practical solutions to real estate disputes. This approach allows us to offer cost-effective representation without spending years in litigation.

We offer services to both plaintiffs and defendants in real estate litigation matters involving commercial and residential real estate. If you need an attorney to resolve a real estate dispute, please contact us today and arrange a consultation with James McQueen or Phillip Ashman.

Misrepresentation About Real Estate Property

Buying or selling a property is a significant event in the life of any individual or business. What could be a smooth transaction can be complicated by claims of fraud for misrepresenting the condition of office, industrial, retail, multi-family or residential real property or by making other misrepresentations in connection with the transaction. Our attorneys represent sellers in real estate litigation who are being accused of fraudulent practices. We also represent the interests of buyers who failed to receive property in the physical and financial condition they expected. We also represent sellers and buyers in litigation against the real estate professionals involved in these transactions.

Failure to Meet the Terms of a Real Estate Contract

It is the responsibility of buyers and sellers, tenants and landlords, to meet the terms of the contract and discuss openly if any terms need to be changed. Our attorneys handle property disputes when parties fail to uphold these responsibilities. We have successfully resolved matters involving purchase and sale agreements, commercial leases and other real estate litigation matters. We also enforce personal guarantees when a business defaults on its lease obligations.

Real Estate Litigation

Our lawyers have successfully represented plaintiffs and defendants in a wide range of litigation involving commercial and high-end residential properties, including cases involving:

• Failure to perform on real estate contracts 
• Misrepresentation about the physical or financial condition of a property
• Concealment of property defects
• Non-disclosure of defects
• Rescission based on fraud or mistake
• Foundation issues
• Drainage and water damage issues
• Mold issues
• View obstructions
• Environmental law concerns
• Lis pendens
• Specific Performance

We have been involved in numerous cases where one party wants to unwind a transaction due to some breach or fraud on the other party. We also represent parties who want to enforce specific performance of a real estate contract through mediation, arbitration, or litigation.

Eminent Domain Litigation

Condemnation involves the taking of real property by a governmental entity. We represent property owners in protecting their rights, including obtaining fair market value for their property, compensation for lost business goodwill, and relocation remuneration and assistance, as the case may be. We also handle inverse condemnation matters, where a taking has occurred without benefit of a condemnation proceeding. In either condemnation or inverse condemnation, our goal is to work with experts in real estate appraisal and business valuation to obtain the full compensation to which our clients are entitled.

Real estate litigation victories

Our lawyers represented a buyer of an airport, in which the seller made fraudulent representations about how much income could be generated by the property. We obtained a jury verdict that relieved our client of the obligation of paying anything more for the airport, plus compensatory damages of $1.25 million dollars. The case settled before the jury began considering an award of punitive damages for our client. See Victories for more case examples.

We also won a motion to strike a complaint and obtained the dismissal of the lawsuit under the anit-SLAPP statute (Strategic Lawsuits Against Public Participation) brought against homeowners by their homeowners' association, plus an award of $23,000 in attorneys' fees. See Victories for more case examples.

For more information, or to schedule an appointment with one of our real estate litigation attorneys, contact James McQueen or Phillip Ashman at our Irvine, California, law office.