Real Estate Transactions Gone Wrong: Lessons from Litigation for Risk Mitigation

This program will discuss six of the most common real estate disputes that arise from residential and commercial transactions, providing attorneys and real estate professionals with practical, defensive strategies to mitigate risk and avoid lawsuits in these common scenarios. Using real-world case studies involving disclosure disasters, title defects, financing contingency failures, and breach of contract disputes, the course analyzes how ambiguous contract drafting and failures in documentation lead to expensive litigation. 

This program will benefit real estate attorneys, transactional counsel, and seasoned litigators who want to proactively advise their clients on best practices for due diligence, contract management, and mandatory disclosures under California Civil Code.

Learning Objectives: 

1. Distinguish the most common causes of real estate transaction litigation in California and apply preventive strategies tailored to residential and commercial deals
2. Analyze how disclosure failures-including TDS, NHD, and AB 968's expanded obligations for recent flips-create liability, and implement concrete practices to reduce those risks for clients
3. Evaluate title and encumbrance issues such as easements, liens, and chain‑of‑title defects, and collaborate effectively with title companies and counsel to address them before closing
4. Structure and manage financing and appraisal contingencies so that buyers, sellers, and investors are better protected against failed funding, shifting valuations, and deposit disputes
5. Draft, review, and negotiate contract and lease provisions (repair vs. replacement, capital improvements, timelines, extensions) with an eye toward avoiding future interpretation disputes and litigation
6. Identify dual‑agency risk points in California transactions, understand fiduciary duties and informed consent requirements, and adopt procedures to minimize exposure for agents, brokers, and their supervising attorneys
7. Discuss the expanded disclosure requirements under legislation like AB 968 and develop a comprehensive documentation process to defend against future misrepresentation and rescission claims