Residential Real Estate Attorney

Our experienced residential real estate attorneys provide a full range of services to clients throughout Southern California. We have demonstrated expertise within the following areas:

• Landlord Tenant Disputes

  We represent landlords in a variety of matters, including but not limited to, drafting leases; property management/financing; unlawful detainer/evictions—both no-fault and fault-based cases; late payment and non-payment of rent; property damage; claims of breach of lease agreement/covenants—such as nuisance, unapproved subletting (i.e. Airbnb & VRBO rentals) and criminal activity; and defense against tenant lawsuits.

  Similarly, our residential real estate attorneys represent tenants in matters including, but not limited to, wrongful eviction, rent control disputes, habitability issues—such as structural integrity, safety, health conditions, repairs to normal wear and tear, code compliance, and common area maintenance; and rental discrimination on the basis of race, ethnicity, gender, sexual orientation, family size, or source of income.

  Whether we are representing the landlord or the tenant, we often use negotiation, mediation or arbitration to achieve optimal results for our clients in a cost-effective manner. Additionally, our attorneys will not hesitate to go to court to protect our clients’ rights when necessary.

• Homeowner Association (HOA) Disputes

  Whether you are a homeowner, condo owner, or association director, we regularly assist clients in matters involving HOA disputes.

  Our residential real estate attorneys represent both homeowners who have been accused of creating nuisances and those who are concerned about nuisances being created by others. We have the experience to analyze and determine the contribution of a wide range of factors, such as potential code violations, to nuisance disputes. We also assist homeowners who disagree with a special assessment their HOA has made against their property. Additionally, we handle matters involving disputes over covenants, conditions and restrictions (CC&Rs), whether you have been accused of a violation or if you believe not enough is being done to enforce the CC&Rs against other homeowners.

• Purchase Disputes

  We deal with real estate transactions and disputes on a daily basis, giving us the knowledge and the know-how to navigate the complexities of the residential real estate purchase process. We handle matters concerning drafting purchase agreements; property title and adverse possession claims; nondisclosure of material facts; fraud disputes; undisclosed dual agency, misrepresentations on Multiple Listing Service (MLS) listings; and encumbrances or liens that may prevent the sale of a property.

• Easement Disputes

  Our residential real estate lawyers handle easement disputes, including express easements, implied easements, and prescriptive easements that arise over trees; water drainage; the location of boundary lines; retaining walls; joint fences; or the encroachment of structures or buildings mainly located on one property across or upon the legal boundary over or onto the other property.

• Disputes with Adjoining Neighbors & Properties

  We assist clients in disputes that arise between owners from construction work; view disputes; excessive noise, or other nuisances; or hazardous or conditions which endangers or affects the reasonable use and enjoyment of property.

• Residential Loan Workouts

  If mortgage payments have become unsustainable, we can help you secure a loan modification that may save your home. The purpose of a loan modification is to provide you with a mortgage payment you can afford. The process is similar to a mortgage refinance but instead of entering into a new mortgage we work with lenders to modify the terms of our clients’ current mortgage. Receiving proper legal advice from an experienced loan modification attorney helps ensure the best possible loan modification with lenders that may help save your credit. We assist clients in lowering interest rates, extending the terms of their loans, lowering the principal balance of a loan and potentially getting rid of a second mortgage. Our firm also helps clients who are behind in their mortgage payments stop the foreclosure process.

• Escrow

  Reach a mutual agreement and close more efficiently with our escrow lawyers. With important documents such as titles and deeds at stake, you need legal counsel to prevent breaches of contract and avoid the risk of unnecessary fees. Our escrow attorneys at Hoffman & Forde can step in to effectively negotiate and resolve any disputes that arise.

• Real Estate Litigation

  Real estate transactions can be complex and typically involve different kinds of contracts. Common causes for real estate litigation include breach of contract, negligence or breach of duty, failure to disclose property defects, boundary disputes, and more. Let real estate law experts at Hoffman & Forde represent you and your interests in the face of real estate transaction challenges.

• Real Estate Dispute

  Our attorneys will work hard to resolve your case or avoid them entirely. If disputes arise, our wide range of resolution methods help clients with a variety of cases. Get clarity on your rights and the process no matter how complex the transaction.

• Seller Non Disclosure

  Finding out that the former owner of your home failed to disclose something about an unresolved problem, an intentionally hidden condition, or poorly completed repair can be very frustrating and even more expensive. If a seller fails to disclose issues to a buyer, there may be legal recourse available against the former owner or others.

  A seller must affirmatively disclose to the buyer, in writing, any all known facts that materially affect the value or desirability of the property. You might be entitled to compensation as a result of the seller’s failure to disclose the following: mold, siding defects, water intrusion/damage, a damaged or leaky roof, foundation issues, known construction defects, underground storage tanks, past repair work done on the home, sewage treatment, faulty wiring, heating issues, termites, radon leaks, rusty or damaged pipes, prior legal cases against the property, previous repairs and remodels, and many other material issues.

• Land Use

  Understanding land use regulations can pose challenges, but our team is committed to guiding you throughout the process. We assist clients in interpreting zoning laws, obtaining permits, and complying with environmental regulations that affect property development and use. Whether you are a developer, business owner, or homeowner, we ensure your project aligns with local, state, and federal requirements.

  Our focus is on providing practical solutions that align with your objectives while respecting community standards and environmental considerations. We facilitate the procurement of necessary permits and approvals, streamlining the process to minimize complications. With our knowledge, you can proceed with your projects with confidence.

  We are dedicated to advocating for your interests, whether in discussions with city planners, addressing community concerns, or representing you in hearings. Our goal is to deliver clear, effective support to help you achieve successful outcomes in your land use matters.

• Eminent Domain/Inverse Condemnation

  We handle Eminent Domain and Inverse Condemnation matters, assisting property owners when the government seeks to acquire private land for public use or when government actions adversely affect property without fair compensation. Our focus is on ensuring clients are treated equitably and receive just compensation for their property.

  Our dedicated team provides clear support, whether engaging in negotiations with government agencies or representing clients in court. We are committed to safeguarding your property rights and achieving optimal results.

• Boundary Disputes

  Boundary disputes can present significant challenges for property owners. These disagreements often arise over property lines, fences, easements, and shared driveways. Our team is here to help you address these matters and ensure your property rights are protected.

  We have substantial experience in resolving boundary disputes through negotiation, mediation, and, when necessary, litigation. Our approach emphasizes clear communication and practical solutions tailored to your specific circumstances. Whether you’re dealing with a neighbor or a legal concern, we will diligently work to find a resolution that meets your needs.

  Our commitment is to provide you with the guidance and support necessary during these difficult times. With our strong understanding of real estate law in San Diego, you can trust that we will advocate for your rights and help you achieve a fair outcome.

Our residential real estate lawyers will protect you against the unexpected and help you get through a potentially stressful situation. Regardless of your unique situation, our lawyers are on your side, looking after your rights and interests. Hoffman & Forde is experienced in the resolution of various disputes. With our in-depth understanding of the law, we’ll help you avoid conflicts and unforeseen matters. Give yourself something valuable with our help: peace of mind.