Real estate law

Real estate disputes - whether they involve purchase and sale contracts, partnership disputes, claims involving breach of fiduciary duty, commercial leases, property insurance, property tax assessments, design and construction defects or boundaries, easements, encroachment or boundary disputes, homeowner association law, or title and escrow issues – require litigation expertise to resolve.

The attorneys at the Mlnarik Law Group handle a variety of commercial and residential real estate transactions and disputes. We represent a broad array of client, including developers, lenders, brokers, homeowners, property managers, landlords, investors and general contractors. Our real estate practice encompasses the following areas:

  • Fraud and misrepresentation issues
  • Purchase & sale contracts
  • Partnership disputes
  • Title claims and quiet title actions
  • Partition claims
  • Neighbor issues
  • Easement, encroachment and boundary disputes
  • Mortgage and finance law
  • Homeowner association (HOA) disputes
  • Design and construction defect
  • Broker negligence and defense
  • Breach of fiduciary duty claims
  • Commercial real estate transactions
  • Foreclosure and short sale related issues
  • Commercial and residential landlord - tenant disputes

If you would like to schedule a consultation with one of our attorneys to discuss your case, please call us at: (408) 919-0088 or contact us. Our Real Estate Law services include:

1- Residential Real Estate

2- Construction Litigation Lawyers

3- Quiet Title, Partition Actions and Real Estate Partnership Dissolution

4- Commercial Landlords and Tenants

5- Commercial Lease Eviction Assistance


1- Residential Real Estate

Your house is probably your largest investment.  You should feel comfortable and understand the consequences of your purchase, as well as situations involving foreclosures or short sale.


The Mlnarik Law Group attorneys are familiar with the potential problems buyers and sellers face in dealing with a real estate transaction. Their attorneys assist clients with a variety of issues, including the following:

  • Real estate contract disputes
  • Non-disclosure of material facts regarding the condition or usage of the property
  • Enforcing real estate purchase contracts
  • Broker representation issues
  • Neighbor disputes about easements, property lines, trespass, and nuisance.
  • Construction defects.

Short Sales & Foreclosures

The Mlnarik Law Group helps homeowners considering a short sale or foreclosure make fully informed decisions by assisting them in the following ways:

  • Helping evaluate a lender's short-sale approval letter or term sheet
  • Determining whether the loan is recourse or non-recourse
  • Providing advice regarding release clauses
  • Assessing other available solutions (loan modification, refinance, deed-in-lieu, or bankruptcy)
  • Evaluating liability to a "sold-out junior" mortgage holder
  • Determining the impact of potential anti-deficiency judgments
  • Federal Truth in Lending Act violation
  • California's Mortgage Foreclosure Consultants Act violations
  • Loan forgiveness
  • Deeds-in-lieu
  • Predatory loans
  • Loan servicing violations
  • RESPA violations

Residential Transactions

The Mlnarik Law Group real estate attorneys also draft and negotiate residential purchase contracts, purchase options, easements, and co-tenancy agreements. The conveyance of any interest in real property is a complicated transaction often requiring experienced and innovative representation. Mlnarik Law Group attorneys have extensive experience meeting your residential real estate needs.


2- Construction Litigation Lawyers

Developers, contractors, subcontractors, and homeowners' associations all play crucial roles in the successful construction of a home or a retail or commercial structure. Litigation involving construction issues requires evaluating which of these parties are liable. Often, multiple parties bear responsibility for the problem, leading to a complicated and potentially expensive legal battle. The Mlnarik Law Group offers effective and efficient representation to clients whose properties have been affected by some type of construction defect. The Mlnarik Law Group represents a variety of parties in construction defect matters, including homeowners, contractors, developers, and builders.

The Mlnarik Law Group represents clients in matters involving:

  • Construction contracts
  • Foundation cracks
  • Soil movement
  • Environmental issues
  • Property lines
  • Underground utilities
  • Mold
  • Moisture penetration
  • Plumbing problems
  • HVAC systems

3- Quiet Title, Partition Actions and Real Estate Partnership Dissolution

Dissolving a real estate partnership is a complex aspect of real estate law that can often be rife with emotion.  Family members looking to end a longtime real estate association can rely on us for our knowledge of real estate partition law and our attention to detail in pursuing or defending these matters.  The real estate attorneys at The Mlnarik Law Group have helped many families resolve numerous disputes involving accounting; breach of fiduciary duties; management; control; and, dissolution, all relating to inherited fractionally owned commercial and residential properties. In resolving disputes amongst family members on co-owned family properties, we attempt to understand the situation and implement solutions that work for all owners concerned

4- Commercial Landlords and Tenants

We regularly represent both commercial landlords and tenants when it comes to interpreting or negotiating a lease or single provision when a dispute does arise. We have experience with hundreds of issues that arise during the crafting or negotiation of a lease. We pride ourselves on keeping current with changes under California landlord-tenant law so that we can properly advise our clients, as new issues arise.

Whether it’s the interpretation of how expenses are being used, use of the premises, the terms of the lease or the breakdown in the landlord/tenant relationship, we will always attempt to negotiate a resolution that preserves the relationship and the lease. Our attorneys are also fully prepared to litigate any matter in the event the parties cannot come to a mutually acceptable resolution.

5- Commercial Lease Eviction Assistance

if a commercial lease eviction is needed, the Mlnarik Law Group can help you serve a commercial lease eviction notice. We have addressed constructive evictions where the landlord does something to inhibit the tenant's ability to use the space. We also help landlords with commercial tenants when the tenant fails to make their payments timely or is not in compliance with the terms of the lease.
That’s it for my short outline on foreclosure evictions.  Please know that this is just an overview designed to let you see the forest for the trees.  To explore all details would require a multi-volume treatise.  Evictions can be tricky and there’s a lot of law out there.  If you do nothing else, get a lawyer to help you.


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