Real Property Cases
Settled case brought by family of decedent against CEMETERY OWNER for BREACH OF CONTRACT and emotional distress damages, when cemetery mistakenly buried another decedent in the gravesite previously selected and purchased by the plaintiffs. CULTURAL AWARENESS and Feng Shui issues weighed heavily in the negotiated resolution.
Settled LANDLORD/TENANT DISPUTE in which tenant sued for BREACH OF WARRANTY OF HABITABILITY and retaliatory eviction. Plaintiff’s damage claim included a computation of loss of income for day care business on property, as well as statutory penalties for RETALIATORY EVICTION. Plaintiff also claimed emotional distress and harassment by landlord.
Mediated pre-litigation REAL ESTATE NON DISCLOSURE matter brought by buyers after discovery of WATER INTRUSION damage and MOLD. Buyers claimed that Sellers failed to disclose alleged defects before sale, resulting in significant repair and construction costs.
Settled multiple actions by buyer and seller against REALTOR for FRAUD and BREACH OF FIDUCIARY DUTY in dual party representation. Issues mediated included allegations of concealment of material facts, and DISGORGEMENT OF COMMISSIONS paid to realtor.
Settled action to SET ASIDE SALE of real property brought by highly emotional widow who challenged the validity of sales agreement based on alleged LACK OF CONSENT. Buyers countered with claim that sale was valid and should be recognized as binding.
Settled CONSTRUCTION DEFECT litigation involving significant remodel to plaintiff’s home and claims of multiple defects by subcontractors. Case also involved claim for personal injury resulting from homeowner’s fall. Issues involved INSURANCE COVERAGE, sub contractor’s liability and claims of comparative fault.
Settled NEIGHBOR DISPUTE involving issues of property lines, ownership of and alleged damage to TREES, and responsibility for damage to adjacent property.
Mediated pre-litigation claim for DOG BITE sustained by NEIGHBOR against dog owner. Related issues involved claims of abusive conduct and CIVIL ASSAULT.