Real estate disputes hit home; these are among the most significant transactions in people’s lives.
Real Estate Litigation
Gluck Daniel Atkinson’s Real Estate Litigation practice group is led by Matt Gluck and Craig Daniel. We develop each case based on the dynamics of the specific dispute and the client’s goals. Often, this means demonstrating that we are resolutely preparing for trial from the day the complaint is filed, a showing of strength that often leads to good settlements long before trial. In other cases, the focus is on moving the matter to a prompt resolution, at the earliest stages of an action or even before an action is filed.
The Real Estate Litigation practice group focuses on matters including:
- Purchase and sale disputes, including non-disclosure disputes
- Commercial Real Estate – “Caveat Emptor” applies, requiring buyers to understand what they’re getting themselves into.
- Residential Real Estate – disclosures are highly regulated, and attorneys are rarely involved in the transactions. The hot markets have meant that buyers rarely have done inspections, and often experience disappointing surprises.
- We have deep experience in purchase and sale disputes including nondisclosure, breach of contract, fraud and misrepresentation, changed circumstances, frustration of purpose, and more.
- Co-ownership disputes & Partition
- co-ownership disputes among family members, friends, and business co-venturers, with or without a written co-ownership agreement.
- Disputes arising from ambiguities in older Tenancy-in-Common (TIC) agreements.
- Disputes regarding property expenses, income, or use and enjoyment of the property.
- Forced “partition” sales, often leading to a negotiated buyout or sale.
- Commercial landlord-tenant matters
- We represent landlords and tenants
- Non-payment of rent or common area maintenance (CAM) disputes
- Breach of lease and lease workout matters.
- Lease option to buy disputes
- We have skilled colleagues to whom we refer residential landlord-tenant matters.
- Other real estate matters:
- Adjoining landowner disputes, including property line disputes, easements, quiet title actions, and other property owner matters
- Nuisances, including noise, light, vibration, water, and smoke intrusions
- Construction defect matters on behalf of landowners
- Lis Pendens, injunctions, and other real estate-related preliminary remedies.
- Insurance claims, property damage disputes, and more
Representative Matters
- Apartment Building Owner v. Buyer: Representation of would-be seller of $27 million apartment complex in Concord, CA; buyer had backed out of purchase contract in connection with covid-19 concerns. After a 2-day arbitration, recovered 100% of the buyer’s $500,000 good faith deposit and negotiated a release of broker’s potential claims for compensation.
- Coworking Space Provider – Breach of Lease Matters: Representation of a global player in the flexible workspace sector (e.g., WeWork and others) as counsel of record in numerous actions filed by landlords in connection with inevitable disputes arising out of the COVID-19 shutdown of offices throughout the Bay Area, decimating the sector.
- Startup Company v. Landlord: Represented early stage technology company in facilitating termination of lease and abandonment by client of leased premises.
- Unmarried Ex v. Ex: Representation of former unmarried life partner in contentious partition action regarding co-owned home in San Francisco worth approximately $2.2 million. Facilitated market sale of the property and complex accounting matters for allocation of sale proceeds, working with partition referee.
- Unmarried Ex v. Ex: Representation of former unmarried life partner in contentious partition action regarding co-owned home in Novato worth approximately $1.8 million. Facilitated client’s refinance and buyout of the property to allow for client to continue residing in property which was client’s overriding goal. Avoided costs and consequences of accounting for property..
- SF Residential Seller vs. SF Residential Buyer: Represented sellers of ~$7 million San Francisco home in nondisclosure dispute by buyers relating to dry rot and defective construction. Representation at mediation resulting in a settlement on terms favorable to client, prior to action being filed.
- Millbrae Residential Buyer vs. Millbrae Residential Seller: Represented buyers of ~$1.6 million Millbrae home in nondisclosure dispute against sellers and sellers agents who had concealed leaks and defective conditions in pre-sale marketing remodeling. Representation at mediation resulting in a settlement on terms favorable to client, prior to action being filed.
- Napa Valley winery property dispute: A group of homeowners in Napa Valley retained the firm to represent them in a dispute with a nearby vineyard and winery that had sought an amended conditional use permit from the County of Napa greatly expanding the winery’s ability to host large events and a vast increase in smaller events, which the homeowners deemed excessive given proximity of the winery to the individuals’ homes. We persuaded the Napa Valley Planning Commission to cut back significantly on the winery’s proposed amendment, and then were able to obtain additional restrictions and concessions in a post-decision settlement among all the parties.
- SF Property Line Dispute: Represented SF homeowner whose neighbor threatened to move property line fence by five feet into client’s back yard. Obtained survey that demonstrated neighbor’s surveyor’s error, resulting in a total win for client with less than $5,000 in attorney fees.
We are a group of talented lawyers in a culture defined by teamwork, integrity, creativity, and excellence.