Orange County Real Estate Litigation Lawyer Explains When to Litigate

September 28, 2017

Real estate is one area of business that always seems to be ripe for a dispute. Whether two parties can’t agree about a property line or there is a problem with the deed of trust, these disputes can quickly become contentious. Is filing a lawsuit inevitable in these situations?

An Orange County real estate litigation lawyer is asked this question on a regular basis. The best answer to this question is that a lawsuit is not inevitable. In fact, a skilled real estate lawyer will do everything in their power to keep their client outside of the courtroom. This usually means engaging in some complex negotiations with the other side. Formal arbitration and mediation additionally may be successful at resolving a dispute without resorting to a court of law.

Filing a California real estate lawsuit is really only appropriate when all other attempts at settlement have been exhausted. Litigation is a contentious process that almost always concludes with one side winning and the other side losing. The outcome of any given matter is impossible to predict. When complex questions of real estate law are at the heart of the issue, it’s possible that neither the judge nor the members of the jury will fully grasp the intricacies of the case.

The good news is that most California real estate litigation settles long before it ever gets presented to a judge or jury. Sometimes, simply taking the step of filing a complaint is enough to bring the other side back to the bargaining table. They don’t want a long, costly trial any more than the other party. Plus, litigation frequently comes with media exposure. Everything that is filed in court can become part of the public record, exposing the parties to negative press that they can’t afford.

Speak with an Orange County real estate litigation lawyer at FitzGerald Yap Kreditor by calling us at (949) 788-8900. We can provide you with reliable legal advice regarding California real estate laws. With our guidance, you may be able to avoid a costly trial. More collaborative solutions are nearly always a better option for both parties.

Let us put our three decades of experience in representing all kinds of businesses to work for you in any of your transactional or business litigation matters.