In the process of
purchasing or selling real estate stumbling blocks occur in all shapes
and sizes. Our office has handled hundreds of cases ranging from a
party's attempt to interject new terms in the course of a transaction,
to seller misrepresentations regarding property defects. In many
instances, a buyer or seller will consult our office regarding a concern
arising out of their purchase or sale which may not require litigation.
Wherever possible our firm endeavors to resolve disputes amicably and
without the need for court intervention. When it is necessary to
litigate, our experienced real estate litigators will aggressively
protect your rights and property.
Fred J. Scholz, Esq. frequently lectures on the special fiduciary
duties real brokers owe to their clients. Where an agent/broker acts
negligently our firm will aggressively pursue claims against that agent
or broker. The philosophy of our firm regarding real estate agent/broker
malpractice claims was summarized at a recent seminar conducted by
Fred J. Scholz, Esq.:
"...by and large,
the real estate brokers in our community work very hard to provide
their clients with accurate property information and quality agency
representation. But like every industry, there are always a few
that fail to live up to these standards. When our cases bring us
in contact with real estate agents or brokers who act contrary to
the duties they owe to their clients, we do not hesitate to sue
them. Some of the areas best agents - many of whom we represent
- have told me the brokerage community is well served by having
those that fail to meet their ethical and legal obligations challenged
by their clients."
Mr. Scholz has had primary
responsibility for closing thousands of real estate transactions. He is
the firm's lead litigator in transactional real estate cases.
Our firm regularly handles
the drafting of Real Estate Purchase and Sale Agreements, leases, option
agreements, and special escrow instructions in both residential and
commercial transactions. Our firm's unique transactional real estate
background brings the experience of thousands of real estate
transactions to each drafting challenge.
We have handled many escrow
related disputes. Additionally, our firm can assist you in dealing with
such title related matters as: unreleased liens, easements,
restrictions, covenants and conditions, involuntary liens, lis pendens
issues, and boundary disputes.
Real estate loan problems
arise in many different contexts. For example, our office handles
collection matters, including collection of promissory notes, as well as
litigation arising out of improper interest rate calculation and
improper foreclosure procedures.
Fred J. Scholz, Esq. is regularly retained by other attorneys - and
the court - to act as an expert witness, or receiver, in real estate
cases. Mr. Scholz has been appointed as a receiver in complex real
estate matters by many Superior Courts including, San Francisco County
Superior Court, Santa Clara County Superior Court, Alameda County
Superior Court and San Benito County Superior Court. In addition, Mr.
Scholz is retained as an expert by many local attorneys where expert
testimony will be presented at trial regarding broker conduct,
transactional real estate issues, property management issues, and escrow
matters. You can read additional information about
Fred J. Scholz, Esq. by clicking on his name in this sentence.
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