Real Estate

Our San Jose, California real estate attorneys at Gates Eisenhart Dawson vigilantly protect the interests of our clients who are involved in real estate transactions or disputes. Based in the heart of the Silicon Valley, home to some of the most in-demand real estate in the world, our real estate practice extends throughout California and to other jurisdictions in select matters.

Our attorneys are experienced in handling legal issues related to both commercial and residential properties and have litigated a wide variety of real estate claims, such as non-disclosure of defective property conditions, breach of purchase agreements, and title disputes.

We have earned the trust of our clients through efficient and effective representation and have a proven track record of success.

Our attorneys represent buyers and sellers in pending and post-transaction disputes, including actions for specific performance, non-disclosure claims, breach of contract, fraud, breach of warranty, and all other matters arising out of buy-sell agreements. We also have extensive experience in quiet title, nuisance, land use, and partition actions in residential and commercial settings, and in both trial courts and appeals court.

Representative Cases

Successfully represented one of the partners in a real estate partnership throughout the course of vigorously-contested partnership dissolution proceedings.

Defended the seller of commercial condominiums against a lawsuit brought by a disgruntled purchaser, ultimately securing a complete dismissal of the lawsuit at the time of trial.

Obtained a verdict after trial for the plaintiff in a dispute over the title to a single family home. Even though the plaintiff had previously signed a deed purporting to grant the defendant an ownership interest in the property, the court found in favor of our client and awarded her full title to the house.

Represented the buyer in multi-million dollar buy-sell transaction in which, before the close of escrow, the seller tendered notice of cancellation of sale. Within just seven days, we filed and served a lawsuit for specific performance, recorded a lis pendens, obtained a temporary restraining order preventing sale of property, and settled the matter with seller, enforcing the buy-sell agreement and receiving reimbursement for the buyer for every cent of attorneys’ fees and costs incurred.

Represented a residential buyer in non-disclosure claim against seller in binding arbitration arising out of failure to disclose problems with the property’s expansive soil. The buyer won an arbitral award.

Represented a defendant in intra-familial dispute over title and ownership to residential dwelling. After leveraging our client’s position with a pending summary judgment motion, and before final adjudication, the matter settled with agreed-upon sale of the home and a significant portion of the sale proceeds going to our client.

Represented the plaintiff, an owner, in intra-familial dispute over title and ownership of the client’s family residence. The matter proceeded to trial with judgment entered in favor of the client, awarding full title and ownership of the home.

Represented the owner of commercial property in a dispute with a neighbor over easements. The matter settled after discovery, with our client retaining a significant portion of the use of the property.

Represented the owner of foreclosed home sued by the holder of a second mortgage. We obtained dismissal of the action against the bank, based upon California’s anti-deficiency statutes.

Represented the defendant builder and seller of a custom home against the buyer — a lawyer — who claimed fraud and other wrongs in connection with the sale. In a jury trial, we defended against the fraud claims and neutralized the remaining claims by succeeding in client’s cross-claims against the buyer for fraud. The buyer received nothing.

For more information about our real estate practice, we welcome you to contact GED.

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