The fact is San Diego real estate disputes are quite complex when compared to other forms of litigation. In most legal disputes and lawsuits the only remedy available is the payment of damages. Damages are the financial equivalent of the loss a person or company has experienced as a result of the dispute. In almost all business or personal services disputes, for example, you cannot force someone or a company to do something to fulfill their contractual obligations. You may ask the Court to put a stop to something (seek an injunction) but you cannot use the Court to force the other party to “provide 100 widgets by Friday.”
San Diego real estate disputes are quite complex because there are more options for the Judge to consider to make the victorious party in a real estate lawsuit “whole.” For example, “rescission” is a legal term that allows the Court to “undo” a transaction or contract, in effect returning the parties to the point where they stood before the transaction ever occurred, as if it never happened. Let’s say you purchase a piece of real estate for $500,000 and you’ve invested an additional $40,000 in legal costs and other expenses to investigate the property such as engineering studies and percolation tests. You find that the seller failed to disclose a hidden defect they were well aware of prior to the transaction. The Court may rescind the transaction, ordering the seller to repay not only the purchase price but all of the expenses you have borne in the project. The title is returned to the seller and you recover the full purchase price and all of the expenses you’ve paid, in effect returning you to the financial and legal position you occupied prior to the transaction.
In other San Diego real estate disputes our client may simply seek financial damages. Our clients value the Watkins Firm’s decades of experience and expertise in these matters and the counsel we provide at each step of the transaction or dispute. If you are considering a San Diego real estate transaction or are involved in San Diego real estate disputes we invite you to contact us or call 858-535-1511 for a free consultation.