Purchase & Sales Disputes

Real Estate Purchase & Sale Dispute Lawyer - Santa Cruz

Buying or selling property is often the largest financial transaction people make. When something goes wrong-a deal falls through, a seller hides defects, or a buyer refuses to close-the financial and emotional consequences can be overwhelming.



California's real estate laws, including the standard California Association of Realtors (CAR) contracts, provide specific remedies for these situations. As a Santa Cruz real estate contract dispute attorney, James C. Eschen helps buyers and sellers understand their rights, enforce agreements, and resolve disputes efficiently.

When Real Estate Deals Go Wrong

Even a seemingly straightforward home sale can become complicated when one party fails to meet their obligations. Sellers may feel blindsided by a buyer's last-minute cancellation. Buyers may feel betrayed if they discover undisclosed defects after closing. These disputes require swift, informed action to protect your investment and position.

We handle a wide range of property transaction disputes, including:

Failure to Disclose Defects

Sellers who omit or conceal issues like water damage, mold, termite infestations, or title defects.

Buyer's Breach

Buyers who back out without a valid contingency, leading to deposit disputes or claims for specific performance.

Seller's Breach

Sellers who cancel to take a better offer or fail to deliver clear title.

Escrow Disputes

Conflicts over earnest money deposits or disagreements with escrow instructions.

Financing Failures

Disputes over whether a failed loan allows the buyer to cancel or costs them their deposit.

Legal Remedies in Property Sale Disputes

For Buyers:

  • Cancel and recover your deposit if the seller breached or a contingency applies.
  • Sue for damages if defects are discovered post-closing.
  • In some cases, seek specific performance to force the sale when a seller wrongfully refuses to close.

For Sellers:

  • Retain the buyer's deposit as liquidated damages if they breached and contingencies were removed.
  • Pursue damages beyond the deposit if the breach caused additional losses.

Mediation Requirement:
Most California real estate contracts require mediation before litigation. We can represent you during mediation to seek a favorable resolution without prolonged court proceedings.

Our Experience with Real Estate Transactions

We understand how Santa Cruz real estate deals are structured and the standard CAR forms used. We know where to look for key evidence-disclosure statements, inspection reports, text or email exchanges-to prove a breach or failure to disclose. When necessary, we work with home inspectors or contractors as expert witnesses to support 

Case Example

We represented a homebuyer who discovered a serious plumbing issue weeks after closing-a defect the seller failed to disclose. By gathering repair invoices, inspection reports, and prior communications, we negotiated a settlement covering all repair costs, avoiding drawn-out litigation.

Purchase & Sale Disputes FAQ

  • The deal's falling apart-what should I do?

    Don't sign a cancellation or release without legal advice. If the other party is at fault, you may have options to recover funds or enforce the contract.

  • The seller lied on the disclosure-can I sue after closing?

    Yes. If you can prove the seller knew of the problem, you may sue for fraudulent nondisclosure or seek rescission.

  • If a buyer backs out last minute, can I keep their deposit?

    Usually yes, if all contingencies were removed and the contract includes a liquidated damages clause.

Protect Your Investment

Before your property dispute escalates, know your rights and options. Whether you're a buyer or seller, we can help resolve real estate transaction disputes and protect your financial interests.

55 River Street, Suite 100, Santa Cruz, CA