Helped Clients Recover Over $25 Billion. Since 1979.
Helped Clients Recover Over $25 Billion. Since 1979.
A buyer who finds a problem the seller never disclosed, a tenant facing a landlord lawsuit, and co-owners who can’t agree on how to split the proceeds of a sale all face decisions with real deadlines. The Schenk Law Firm helps buyers, sellers, landlords, tenants, and property owners resolve real estate disputes through demand letters, negotiation, and mediation. When a case needs to go to court, we can bring in litigation co-counsel.
Seller Nondisclosure & Purchase Disputes
Claims by buyers when a seller failed to disclose a known problem, deposit disputes, and other claims arising from a purchase that falls apart.
Commercial Landlord-Tenant Disputes
Negotiated resolutions of unpaid rent claims and guaranty claims. For landlords, settlement and surrender agreements with tenants in default. See our commercial leases page.
Co-Owner Disputes
Disagreements between co-owners over a buyout, contributions to expenses, or the division of the proceeds from a sale.
Easement & Neighbor Disputes
Disputes between neighboring owners over access to or use of property. A settlement can grant a recorded easement.
What can I do if the seller didn’t disclose a known problem?
California sellers must disclose known facts that materially affect the value or desirability of the property. When a seller knew about a problem and kept quiet, the buyer may have a right to cancel before closing or a claim for damages after it. We review the disclosures, the contract, and the evidence of what the seller knew.
Do I have to try mediation before I sue?
If your purchase agreement is on a California Association of REALTORS® form, it likely requires the parties to attempt mediation first. Under those forms, a party who files suit without trying mediation can lose the right to recover attorney fees, even after winning. We check the dispute resolution terms before taking any step.
My landlord sued me. What should I do?
Find the deadline to respond and gather the lease, any guaranty, your rent records, and your letters with the landlord. A timely response protects your defenses and can open the door to a negotiated exit.
My co-owner and I can’t agree on splitting the sale proceeds. Where do we start?
Start with the documents: the deed, any co-ownership agreement, and records of what each owner contributed toward the purchase, the mortgage, and improvements. Those records frame a negotiated split. If talks fail, the dispute may have to go to court.
Do I have to go to court?
Not necessarily. A demand letter, negotiation, or mediation can resolve a dispute before anyone files a lawsuit. If a case does need to go to court, we can bring in litigation co-counsel.
Experience
David Lizerbram has practiced business law in California for more than two decades and has negotiated many commercial leases. Benjamin Schenk founded and runs a commercial real estate investment and asset management firm.
Resolution Before Litigation
We focus on resolving disputes before a lawsuit is filed, starting with the contracts, leases, and entity documents behind the dispute.
A Practical Goal
We plan our approach around the outcome you need, whether that’s recovering a deposit, getting out of a lease, or getting your share of a sale.
Case Study
A longtime restaurant tenant had fallen six figures behind on rent. Instead of filing an eviction, we negotiated a settlement and surrender for the landlord. The tenant returned the space and transferred its furniture, fixtures, and equipment to the landlord in exchange for a release of the back rent. A later lease termination and mutual release closed out the tenancy, and the landlord leased the space to a new restaurant operator on a 10-year lease.
Client names and identifying details are withheld. Results depend on the facts of each matter, and past results don’t guarantee a similar outcome.
The Schenk Law Firm is based in North Park, San Diego, and handles disputes over property located in California.
Our real estate practice covers commercial leases as well as transactions.
Contract Drafting & Negotiation
Clear contracts that prevent disputes in the first place.
Shareholder, Member & Partnership Agreements
Buyout and exit terms for co-owners who hold property through a company.
Ongoing legal support that catches problems before they become disputes.
Deadlines, notices, and recorded documents can shape a property dispute before anyone files a lawsuit. If you’re in a dispute over real property or a lease, talk to us before you respond to a demand or agree to anything new.
Contact us today to discuss your real estate dispute.
Request a ConsultationIt depends on the property, the claims, and how far the case goes. If your contract has an attorney fee clause, the winning side can usually recover its fees from the other side. We give you an estimate after reviewing the documents.
It depends on the claim. In California, a claim on a written contract generally must be filed within four years, and a fraud claim within three years of discovering the fraud, while other claims have shorter limits. We confirm the deadline that applies to you at the start.
We don’t file eviction (unlawful detainer) cases. We can refer you to an attorney who does.
It can. A buyout between co-owners, a settlement with the other side, or a lease amendment can each resolve a dispute while the property stays in place.