Davis, CA
Real estate Lawyer at Davis, CA
Practice Areas: Real Estate, Residential, Commercial
OUTCOME: Favorable settlement; release of mechanics liens
After extensive pre-trial litigation and negotiation, Lowenthal APC helped its homeowner clients obtain a favorable settlement with a general contractor, causing the release of all mechanics liens and ... a dismissal of the lawsuit with prejudice.
OUTCOME: Favorable settlement
After spending the better part of 1 1/2 years paying their respective attorneys, who erroneously argued the points of real estate partition and accounting, our firm was retained. Immediately after eval ... uating the case, we determined that the matter would ultimately be decided by statutory law under the Probate Code. We had the case settled in our client's favor after filing a petition with the Probate Court within a matter of just a few months. Our client sold her interest in the property to the co-trustee for what appeared to be an above-market value at the time.
OUTCOME: Client's acquired their dream home; all attorneys fees and costs reimbursed by their agent
We represented the Buyer - a husband and wife couple - who were in the process of purchasing their dream home in Yolo County. Due to their real estate agent's negligence, only one of the co-owners have ... the property signed the purchase agreement. The Seller took the position that, while he would execute a grant deed and close escrow, his wife would not since she did not sign the purchase agreement. Of course, the Buyers bargained for clear title and they could not close escrow without the Seller's wife's involvement. We aggressively pressed the Seller and convinced the wife to execute the deed and close escrow. Thereafter, through our efforts, the Buyers were reimbursed all of their attorneys' fees and costs from their former real estate agent.
OUTCOME: Favorable settlement; Client purchased the property for about $20,000 less than he had originally bargained for.
This case stems from a 2017 real estate transaction in which our client, the Buyer, attempted to purchase an investment property from the Seller, who was the executor of her mother's estate. The Buyer ... first dealt with Seller's brother, who purported to be the executor but the Buyer's broker failed to verify authority and capacity, and the brother never provided a copy of the letters testamentary. The Seller took over the estate as executor and repudiated the purchase agreement. After investing money in the probate proceedings on the Seller and her brother's behalf, the Buyer's EMD was now in limbo and he had advanced over $5,000 on probate fees for the estate, to which the Seller said "tough," as she refused to close escrow, citing "other plans" for the property. After taking the Seller to court, both in the probate matter and in a newly filed civil matter, the Buyer actually came out about $20,000 ahead, net of our costs and fees and the probate advances.
OUTCOME: Favorable settlement; Client sold his interest in the property for an above-market price
In an unusual turn of events, a father, who co-owned a piece of residential property with his son refinanced then sold the property without the son's consent. Moreover, the title company "missed the ve ... sting", according to their chief title officer and issued title insurance in the sale of the property to third-party buyers. We represented the son in this case and, to our surprise, the title company allowed escrow to close even after being alerted as to the vesting in advance! We suspected collusion between the title company, the father, and his broker, but we settled the case before we could complete our investigation. The title insurer settled the case with our client for an above-market price in exchange for his interest in the property and the title insurer may have later pursued claims against the father.
OUTCOME: Favorable settlement; Client was able to sell her property quickly and without significant court costs or legal fees
Our client co-owned a valuable piece of property in the Bay Area with her sister and her sister's husband. Our client desired to sell the property but, without any notice, our client's sister and her h ... usband moved into the property and desired to keep it, even though they were not paying rent. After filing a legal action against the sister and her husband for partition, we received their cooperation with respect to selling the property; however, the matter of accounting and offsets was of major concern. After vigorous pressure applied by our office, the sister and her husband conceded the offsets and the accounting, which appeared unjustifiable to begin with, and the property was sold by a very capable real estate broker who sold it for $100,000 over the asking price.
OUTCOME: Sellers closed escrow; Buyers' broker reimbursed Buyers all out-of-pocket costs. Buyers are now very happy in their dream home.
We represented the Buyers following a 2018 real estate transaction. The Buyers' broker neglected to obtain signatures from one of the Sellers and, at closing, the Seller that did not sign the purchase ... agreement refused to convey her interest in the property, citing the Statute of Frauds.