If you are a homeowner or prospective buyer currently facing some sort of contractual issue regarding your real estate, you are likely searching for a breach of contract lawyer.
A breach of contract attorney can assist you, especially if you have been the victim of some sort of damages, failure to disclose, or breaching the contractual obligations they had in any way.
What Does A Breach Of Contract Lawyer Do?
Perhaps you found out about something later in the fact that you were not made aware of with a new property, maybe it was some sort of deed or trust breach, or maybe it is in regards to business law.
In this case, we are often able to help our clients to be compensated for any losses in revenue or financial value that they have been dealt & to take legal recourse successfully, whether through mediation or litigation.
If you have already come out of pocket for the expenses, a good attorney will be able to help you with this as well.
How Can A Breach Of Contract Lawyer Help Me?
Oftentimes, sellers & their agents will not disclose any damages if they think they can get away with it. But on the other hand, they may not be aware of the extent of the damages & that is where a good attorney comes into the picture.
It is the job of a breach of contract attorney to discover what really happened, and if you feel you have been duped in any way, you should absolutely reach out to us.
There are certain types of contract breaches that we see regularly with our clients. Some of the most common types of breach of contracts that you may give you a strong case:
Buyer Fails To Get Financing
One common issue we see regularly is when a buyer does not get financing in time. It may be that their loan falls through because of unforeseen issues or for not being honest on their documentation. If you run into this breach of contract issue, you will most likely
Failing To Deliver Deed
Another one we see pretty frequently is that the deed is done incorrectly or it has been failed to be delivered. This can usually be corrected by sending a demand letter or else talking with the buyers in an official legal capacity, and the issue can be rectified.
If a seller backs out of a contract and it is officially and legally null and void, that seller will typically receive the money in earnest back to them.
If a buyer or a seller or any other party does not follow the law, you are entitled to be able to take legal action to remedy the situation.
Material Vs Immaterial
Another aspect of this type of law is whether you’re dealing with a material or an immaterial case. What makes the difference between these two depends on what the nature of the damage was that was caused.
- A material breach is when the party being litigated against fails to do their duty whatever that may regard, and it ends up causing you financial damage. Depending on the scope of these damages, you may be able to be very well financially compensated.
- An immaterial breach however is a little bit different & in this case means that some of the duties have been performed as according to the contract, but not all of them have. In this case, the degree of damages will make a large difference as to how much you can be compensated.
Breach Of Contract Lawyer – Common Breaches
- Proof of existing contractual agreement is one strong type of proof you can have. If you’re able to dig up evidence & there are copies of the contract itself, which there should be, this is a smoking gun working in your advantage.
- Proof of loss or damages is a second type of evidence that can help you recoup your finances. If you’re able to prove that for example a tenant of yours caused damage in your rental property, this is a clearcut breach of contract you can sue for.
- Proof of breached terms is another, if you’re able to show that the terms were not followed on their end, you have a strong case. We assist our clients all the time with breach of contract lawsuits.
CA Breach Of Contract Law
In the state of California, you can remedy a breach of contract by arbitration or mediation as first matters of resort. What this means is a lawyer will step in on your behalf and try to help you resolve the issue with the other party without going into court.
If the issue is too severe, depending on what happens, the court may rule an injunction against the opposing law firm. In this case, you will be rewarded monetarily in terms of what the extent of the damages were.