Current policies and programs have failed overwhelmingly to address and prevent the problem, said a report from the National Academies of Sciences, Engineering and Medicine.
Real Estate Attorney – Matthew Schoech Successfully Defends Purchaser of Property in Real Estate Dispute
Construction & real estate attorney, Matthew Schoech, has successfully defended a real estate dispute after the seller instituted claims for breach of contract. Mr. Schoech represented purchasers of a single family residence who were convinced by their real estate broker to pay additional funds to the seller in excess of the property’s appraised value. The purchasers contacted Mr. Schoech for a free consultation after feeling like they were duped in the transaction. It was discovered that the broker was a dual agent and also a partial owner of the property at issue all creating a severe conflict of interest and breaching the agent’s fiduciary duty owed to the buyer.
A real estate agent owes a fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with the buyer. A buyer’s real estate agent also owes the duty to diligently exercise reasonable skill and care in performance of the agent’s duties, a duty of honest and fair dealing and good faith, and a duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the buyers diligent attention and observation. When an agent acts as a dual agent for the buyer and the seller these duties are heightened due to the inherent conflict of interest. Arguments were made that the dual agent was in breach of their duties owed to the seller and the matter was amicably resolved at mediation for a fraction of the amount sought by the seller.
If you find yourself in a real estate transaction dispute and need an experienced real estate attorney to evaluate your case, call the Schoech Law Group, PC at (916) 569-1940, or send an e-mail to matt@norcallawfirm.com. You will receive a FREE CONSULTATION and legal advice from an attorney with a track record of getting his clients as far ahead as legally possible!
Construction law attorney, Matthew Schoech, was recently named recipient of the 2014 List of Rising Stars published by Super Lawyers Magazine, dated Jun/July 2014! Employed as an associate attorney in 2005 for Anderson & Kriger, Matthew possessed all the personal and professional qualities necessary to be successful. In the field of complex construction litigation, he gained the respect and acceptance from his peers. In 2012, Matthew formed a partnership and became the Managing Partner of Anderson| Schoech.
This recognition is only given to 2.5% of the attorneys in the State of California after going through an exhaustive selection process. Selections are made up of three steps: 1) nominations by peers; 2) validations by independent researchers across 12 categories; and 3) final review by a highly credentialed panel of attorneys.
Don’t delay! If you or someone you know is in need of a construction law attorney, please contact Matthew Schoech at (916) 569-1940 for a free consultation. Servicing all of Northern California and surrounding areas.
Learn more about the Super Lawyers Selection Process: Selection Process
The California construction law firm of Schoech Law Group has filed a lawsuit on behalf of the original owners of a 2006 multi-million dollar residence in Santa Clara County. In 2012, the owner of the 12,000 sq. ft. residence discovered water intrusion into the 3,000+ sq. ft. basement resulting in significant water damage. The owner tried contacting the builder but their attempts were ignored. Prior to filing suit they hired a crew of contractors to dig up the drainage system around the perimeter of the house to rectify the problem. The repair efforts have cost the owners thousands of dollars which will be included as additional monetary damage in the lawsuit.
After being contacted by the owners, Schoech Law Group immediately hired a forensic expert to inspect the property and assess the damage. Attorney, Matt Schoech, and the expert visited the site and documented many areas of concern. The following damages, among others, were found: defective roof truss framing members, window leaks with interior damage adjacent to window locations, inoperable appliances indicating a potential issue with the electrical system, and the HVAC system below Title 24 requirements. The expert’s inspection report will be used as a key instrument in prosecuting the client’s claim.
Schoech Law Group is currently litigating cases in surrounding counties such as San Mateo, Santa Cruz, and Alameda. They have recently settled cases in other nearby counties obtaining significant settlement recoveries for their clients. They handle cases throughout all of northern California as far down as Santa Barbara County.
If you own a custom or tract home and hired a contractor to make costly additions or alterations, and have discovered defects, call and speak with a California construction law attorney at Schoech Law Group for a FREE CONSULTATION.
Owners of residential or commercial property that is under 10 years old, or that has been remodeled within the last 10 years can pursue the builder/contractor for defective workmanship. Keep in mind that California construction law is very complex and you may have as little as three years from when you discovered the problem to file a claim. For an immediate consultation call our office at (916) 569-1940, or send an e-mail to advice@andersonschoech.com.
