Litigation

KDV’s real estate litigation practice is well known among brokers, developers, financial institutions and commercial enterprises. Our legal team provides cost-effective resolutions to complex disputes involving:

• Purchase-sales agreements
• Financial agreements and dispute
• Partnership agreements
• Partnership and shareholder disputes
• Brokerage agreements
• Breach of contract
• Contract and mechanic’s lien disputes
• Construction defects and delays
• Americans with Disabilities Act (ADA) and timeshare
• Commercial landlord-tenant disputes
• Commercial leases
• Landlord/tenant matters
• Financing
• Environmental issues
• Mold claims

Understanding the Business of Real Estate

Our in-depth understanding and real world knowledge about the business of real estate helps our legal team craft pragmatic, effective solutions to our clients’ real estate issues. Our legal team includes a real estate broker and businessperson and has transacted numerous deals as a buyer and seller of California real estate. We understand how the real estate business functions and recognize how the dispute at hand affects the business’s broader goals.

By handling both real estate transactions and litigation, KDV better understands the nuances of day-to-day operations, contracts and transactions that inform our approach to litigation. Experience matters in the courtroom. We provide honest and trustworthy representation — we know what it takes to find an advantageous outcome, and we will strive to protect your goals at every turn.

Focus on Goals

KDV focuses on our clients’ goals and identifies the most effective and expedient means of reaching their objectives, including litigation, arbitration or mediation. Jurors often do not understand the complex technical and legal matters associated with a real estate transactions and disputes, which can increase the risk of trial. However, our clients may benefit from the discovery process to gather important evidence through depositions and document subpoenas.

Real Estate Arbitration

If it is in our clients’ best interests, we often pursue solutions through arbitration. The process generally produces a more timely resolution at a lower cost than taking the claim before the court. The arbitrator makes a binding decision based upon the evidence. Our attorneys have substantial experience presenting persuasive evidence in this forum.

Real Estate Mediation

A dispute can delay a closing, push a project over-budget and otherwise cost significant time and money. Litigation may prolong the dispute, in some cases costing more than the claim was worth.

Our attorneys often recommend mediation as a means of reaching our clients’ goals. Our litigation team includes an attorney with a master’s degree in alternative dispute resolution methods who has served as a certified mediator. This experience benefits our clients in reaching equitable agreements through mediation, even in cases that may initially seem impossible to settle.

In addition to reducing costs and accomplishing a more timely resolution, mediation can help preserve important business relationships. While litigation is an adversarial process, mediation promotes reconciliation and solutions that satisfy both parties. The agreement may also be kept confidential to protect business information and the dealings of the parties.