Real Estate Purchase & Sale Dispute Attorneys in Saratoga, CA

California requires sellers of most residential properties to disclose known material facts and defects that could affect the property's value or desirability, typically through a statutory disclosure form. Sellers must disclose known issues even if a buyer doesn't ask about them directly, and failing to do so can expose the seller to liability.

You may have claims for breach of contract, fraud, or negligent misrepresentation if the seller knew of a material defect and failed to disclose it. Document the defect, gather your disclosure paperwork and inspection reports, and consult an attorney promptly, as claims are subject to statutory deadlines.

Yes. Because real property is considered legally unique, a seller can seek specific performance, asking a court to order the buyer to complete the purchase as agreed, rather than settling for monetary damages alone, provided the seller has met their own obligations under the contract.

It depends on the purchase agreement's terms and which party breached. If a buyer defaults after contingencies have been removed, the seller may be entitled to retain some or all of the deposit where the purchase agreement contains an enforceable liquidated-damages provision or otherwise permits that remedy. If the seller breaches or a valid contingency excuses the buyer's performance, the buyer is typically entitled to a full refund.

Yes, when the property is a dwelling of one to four units that the buyer intends to occupy. Civil Code §1675 caps a liquidated-damages provision at 3% of the purchase price for that kind of residential, owner-occupied sale, and conditions its validity on compliance with §1677 and §1678. Section 1678 governs what happens when more than one payment is treated as liquidated damages. The statute also requires that the amount kept as liquidated damages actually have been paid, in cash or by check, not merely promised or credited on paper. Outside that residential, owner-occupied framework, Civil Code §1676 sets the general rule for liquidated-damages provisions.

Claims for breach of a written purchase agreement generally must be filed within four years, while claims based on fraud or non-disclosure generally must be filed within three years of discovering the defect or misrepresentation, though the clock and available exceptions depend on the specific facts.

Yes, in many cases. The close of escrow does not automatically bar claims for defects the seller knew about and failed to disclose. Courts generally hold sellers accountable for known material defects even after the sale is complete, particularly where a required disclosure form omitted the issue.

If a contingency, such as financing, inspection, or appraisal, is not satisfied and properly waived or removed, the party protected by that contingency generally has the right to cancel the agreement and receive a refund of their deposit, without breaching the contract.

Purchase and sale disputes often involve significant money, statutory disclosure requirements, and contractual deadlines that can bar a claim if missed. An experienced real estate litigation attorney can evaluate your transaction, protect your deposit and legal rights, and pursue the resolution that best serves your interests.