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Do You Need To File For Specific Performance In Santa Clarita?

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Are you dealing with a potential case of specific performance in Santa Clarita? Learn the basics of this complex topic with our top real estate attorney.

Unfortunately, real estate transactions don’t always go as planned. 

When one party tries to back out of the contract, for example, it can be especially devastating. 

Whether you’re the buyer or seller, that breach of contract is a huge loss. 

And it’s also grounds for legal action, as long as you’ve met the requirements of your contract. 

While no one wants to find themselves in the middle of a real estate dispute, it’s important to know that there are options to protect your best interests – and possibly recover your losses. 

That’s where specific performance comes in. 

A complex yet powerful legal remedy, this cause of action is often worth exploring with the help of an experienced real estate attorney. 

To help you get started, Founding Partner Steffanie Stelnick explains the basic concepts of specific performance, as it relates to real property transactions in Santa Clarita and throughout California.

Understanding Specific Performance In Santa Clarita

Understanding Real Property

When you’re buying real estate in the State of California, you’re purchasing a specific piece of property. No property in the State of California is exactly like another, especially if you’re buying on the retail market. 

“Even though, in Santa Clarita or other suburban areas, the homes might look exactly the same, not a single home is the same as the next,” explained Steffanie Stelnick, Founding Partner of The Law Offices of Steffanie Stelnick.

That’s why, in legal disputes over a piece of real property, a cash payment is often considered inadequate to replace what was lost. “Loss of that specific property can’t be quantified with dollars and cents because there is no other property in the State of California that’s exactly like it,” Steffanie explained. “You’ve experienced a unique loss.”

Specific Performance In Real Estate Law

Whenever you buy or sell a piece of real property, both parties enter a contract, and they are legally required to perform each element in the contract. 

The buyer, for example, must perform the earnest money deposit, waived contingencies, secured loan, investigations, home inspections and more. When they do, the seller must then perform their elements of the contract, such as clear title, a closing date and more. 

When the seller does not perform, however, that’s when the buyer can sue for specific performance. 

“Because each piece of real property is unique, the State of California has a cause of action called specific performance,” Steffanie explained. “Why? You can’t receive compensation through monetary damages because you signed a contract for that specific piece of real property. What you really need is the court to order that property to be deeded to you, pursuant to the contract.”

Specific performance forces the seller to perform in accordance with the contract.

How To Claim Specific Performance In Real Estate

If you believe you have a case of specific performance in California, then the first step is to consult a qualified and experienced real estate attorney – because it’s a complicated process. 

“You’ll want to file for a breach of contract lawsuit, as well as ask for restitution in regards to specific performance, since monetary compensation isn’t adequate,” Steffanie explained. “You may also need to record a notice of pendency of action, more commonly known as a lis pendens.” 

It’s a multi-step process, and each step has certain requirements that must be proven in order to build a successful case.

How We Can Help

As a real estate law firm serving California, The Law Offices of Steffanie Stelnick has extensive experience in litigating specific performance cases for both buyers and sellers. 

“If you’re buying a property, and you’re having issues with the seller, please reach out to us,” Steffanie explained. “Likewise, if you’re a seller who’s having an issue with a buyer, please know we are here to help you. With experience on both sides, we can review your options and explain what you’re required to do to protect your best interests.”

Our California real estate attorneys do not charge for initial consultations, and we do not charge you if you want to call and ask a question about your specific situation. 

“We’re happy to answer your questions by phone, email, video call, or at an in-person meeting,” Steffanie explained. “We practice all social distancing guidelines, and we make sure you’re comfortable the whole way through.”

We are here to help. Schedule your complimentary case evaluation today, and our Santa Clarita specific performance attorney will answer all your questions, walk you through the process and review all your documents – to protect the biggest transaction of your life.

About The Law Offices of Steffanie Stelnick 

The Law Offices of Steffanie Stelnick is a full-service civil litigation law firm in California that focuses on real estate law, with cases in estate planning, probate, landlord and tenant disputes and contract disputes. Mrs. Steffanie Stelnick represents builders, small and large property management companies, investors, brokers and all types of real property owners. In 2020, she was recognized by the American Institute of Trial Lawyers as Litigator of the Year. Mrs. Stelnick believes all landlords and tenants should know their rights, and when it comes to representation, experience matters. The Law Offices of Steffanie Stelnick has handled thousands of real estate cases with a strong, aggressive approach that ensures all clients operate on an even playing field in a litigation environment. Founded in the Santa Clarita Valley, this premiere real estate law firm has offices throughout the state of California, including San Francisco and Sacramento. 

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Santa Clarita Lis Pendens Attorney Helps You Protect Your Claim On A Property

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Has the seller backed out of your property transaction? Learn to protect your claim on that home with our Santa Clarita Lis Pendens attorney.

As a homebuyer, you search and search until you find the perfect property. 

You invest your time, money and hopes for the future into that home. 

And you enter a contract with the seller that says, if you meet your obligations, then they will meet theirs – and that home will be yours. 

However, contractual obligations don’t always go as planned. 

Sometimes that means the seller backs out of the deal, and the buyer’s dream home and future is now at risk. 

As the buyer, however, you still have options if you want to protect your interest in that property. 

One of the essential steps in that process is legally recording your potential claim on the property.

That way, you can fight to keep it.

Santa Clarita Lis Pendens Attorney Explains The Process

What’s A Lis Pendens?

A notice of pendency of action, more commonly known as a lis pendens, lets the world know there’s an active dispute over a piece of real property. This official court document signals to anyone interested in the property that it has a pending lawsuit or claim attached to it. 

Latin for “suit pending,” a lis pendens is often used by buyers to prevent a property from being sold to another buyer in the event of a property dispute. However, there are other reasons for a lis pendens, including: 

  • Eminent Domain – a government body is attempting to take the property 
  • Partition – a co-owner is attempting to divide the property
  • Quiet Title – another party is claiming ownership of the property 
  • Foreclosure – the lender is attempting to take ownership of the property

When Should I File A Lis Pendens?

While there are different reasons for a lis pendens, we commonly file one on behalf of buyers who are in the middle of a disputed property transaction. 

“If you’re a buyer, and the seller isn’t allowing you to close, or record the deed, then you may want to consider a lis pendens,” explained Steffanie Stelnick, Founding Partner of The Law Offices of Steffanie Stelnick. “It puts a cloud on title, which ensures that the seller doesn’t sell the property to someone else. Without a lis pendens, you won’t be able to protect your interest in the property. Ultimately, you could lose the property.”

Additionally, recording a lis pendens allows you to file for something called specific performance, which is a crucial step in a breach of contract lawsuit. That means a lis pendens is a valuable step in the larger process, whenever a buyer wants to legally protect their interest in a disputed property.

How Do I Record A Lis Pendens?

In order to record a lis pendens on a property, you have to file a breach of contract lawsuit. Once you file the lawsuit, it’s best to immediately record the notice of pendency of action with the County Recorder’s Office. This protects your interest in the property. 

“Once the paperwork is filed, we then serve the seller and try to initiate mediation. Sometimes contracts include a mediation clause or binding arbitration,” Steffanie explained. “But you’re still required to file the breach of contract lawsuit in superior court, in order to perfect and record a lis pendens.” More importantly, if you don’t follow the guidelines, you won’t be able to file a lis pendens. You could lose your claim on the property.

How Can A Santa Clarita Lis Pendens Attorney Help? 

“Recording a lis pendens can be a very complex and convoluted process. There are a lot of different steps to follow, and if you don’t follow them precisely, you could lose your interest in the property,” Steffanie explained. “Whether you’re a seller who was just served with a notice of pendency of action, or you’re a buyer who wants to record one, please reach out to us today.”

If you’re involved in any aspect of a contract dispute – especially if a lis pendens has been filed – it’s imperative that you reach out to an attorney to prevent any more potential damages. “Remember, our initial consultation is always free,” Steffanie explained. “We’re happy to answer your questions by phone, email, video call, or in-person meeting. We’re here for you.”

We are here to help. Schedule your complimentary case evaluation today, and our Santa Clarita lis pendens attorney will answer all your questions, walk you through the process and review all your documents – to protect the biggest transaction of your life.

About The Law Offices of Steffanie Stelnick 

The Law Offices of Steffanie Stelnick is a full-service civil litigation law firm in California that focuses on real estate law, with cases in estate planning, probate, landlord and tenant disputes and contract disputes. Mrs. Steffanie Stelnick represents builders, small and large property management companies, investors, brokers and all types of real property owners. In 2020, she was recognized by the American Institute of Trial Lawyers as Litigator of the Year. Mrs. Stelnick believes all landlords and tenants should know their rights, and when it comes to representation, experience matters. The Law Offices of Steffanie Stelnick has handled thousands of real estate cases with a strong, aggressive approach that ensures all clients operate on an even playing field in a litigation environment. Founded in the Santa Clarita Valley, this premiere real estate law firm has offices throughout the state of California, including San Francisco and Sacramento. 

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Santa Clarita Escrow Attorney Demystifies The Escrow Process

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Need a better understanding of this crucial step? Our Santa Clarita Escrow Attorney demystifies the process.

Escrow is a crucial part of the process in any property transaction, but most people don’t take the time to understand it until they’re already in the middle of it. 

Then it can be confusing or stressful, especially for first-time buyers and sellers. 

Whether you’re in the middle of your fifth escrow, or you’re preparing to buy your first home, it’s important to understand the process – and how to protect yourself along the way.

An Impartial Entity

Escrow is a legal holding period during which an impartial third-party escrow company holds funds for a property transaction until all terms have been met by both parties. 

“Escrow doesn’t represent the buyer or the seller. They represent the entire transaction to make sure it’s on the up-and-up,” explained Steffanie Stelnick, Founding Partner of The Law Offices of Steffanie Stelnick. “They’re not there to defend one party or the other. They’re there to defend the escrow process, ensuring that everyone dots their t’s and crosses their i’s.”

More importantly, that means the escrow company may not be able to answer all your questions, and they definitely can’t give you advice – because they have to remain impartial. 

They are only there to facilitate and protect the exchange of funds in a property transaction. 

Learn more about the escrow process with Santa Clarita Escrow Attorney Steffanie Stelnick.

The Escrow Process

So how does escrow work? The escrow company acts as the intermediary between the buyer and seller, requesting and disbursing funds when the time is right. 

The first step of escrow involves the buyer. They’ll receive an email from escrow with wiring instructions and a request for the earnest money deposit that’s due when you purchase a property. 

Once the earnest money deposit is received, inspections begin. Buyers and sellers may go back and forth on this, until an agreement is reached between both parties. You may receive amendments or addendums to escrow during this time. 

In the final stages of closing, the buyer will receive an email from their lender, who communicates with escrow, to send over the remaining funds to purchase the property. 

If you’re an all-cash buyer, you’ll receive an email with wire instructions to send the remaining funds, which will be sent to the title company and recorded at the County Recorder’s Office.

At this point, the buyer effectively owns the property. 

However, just when you think it’s over, it’s not. 

“Escrow still has to itemize everything to make sure every penny is correct for HOA fees, the seller’s lender fees, and more,” Steffanie explained. “Once that’s done, the escrow company will disburse the funds. They’ll send wire instructions to the seller, who will pay them out for the sale of the property. If there’s excess funds, they’ll wire money back to the buyer, or send a check.” 

Finally, the process of escrow is complete.

How Long Does Escrow Take?

There’s no set time for escrow. It ranges depending on the complexity of the transaction, as well as the terms of the participating parties. 

If you’re an all-cash buyer or investor, for example, you can have a quick escrow in just 5-7 days. On the other hand, you can have a 60-day escrow, especially if you have tenants who deserve a 60-day notice of termination. 

“This really depends on what works best for both parties involved,” Steffanie explained. “I’ve dealt with all kinds of escrow periods, including a seller who needed to sit in escrow for 2 years in order to avoid paying capital gains. Escrow can be however long you want, as the buyers and sellers.”

How We Can Help 

If you have any questions about your escrow contracts, addendums or instructions, we urge you to please contact our office. Our experienced attorneys can go over those escrow instructions with you and answer any questions you might have. 

“Again, your escrow company may not be able to answer all your questions because, as an impartial third-party, they cannot give you advice. You have to bring your questions and concerns to a real estate attorney or agent,” Steffanie explained. “But if you want someone to review your escrow documents, explain your potential liability, and lay out the ramifications of your transaction – it’s best to come see us. Our consultations are free.”

We are here to help. Schedule your complimentary case evaluation today, and our Santa Clarita escrow attorney will answer all your questions, walk you through the process and review all your documents – prior to the biggest transaction of your life.

About The Law Offices of Steffanie Stelnick 

The Law Offices of Steffanie Stelnick is a full-service civil litigation law firm in California that focuses on real estate law, with cases in estate planning, probate, landlord and tenant disputes and contract disputes. Mrs. Steffanie Stelnick represents builders, small and large property management companies, investors, brokers and all types of real property owners. In 2020, she was recognized by the American Institute of Trial Lawyers as Litigator of the Year. Mrs. Stelnick believes all landlords and tenants should know their rights, and when it comes to representation, experience matters. The Law Offices of Steffanie Stelnick has handled thousands of real estate cases with a strong, aggressive approach that ensures all clients operate on an even playing field in a litigation environment. Founded in the Santa Clarita Valley, this premiere real estate law firm has offices throughout the state of California, including Encino, San Francisco and Sacramento. 

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Santa Clarita Attorney Explains New California Residential Purchase Agreement

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Buying or selling property in Santa Clarita? Make sure you understand the new 2022 California Residential Purchase Agreement.

If you’re paying attention to the real estate market, then you know the market is still hot in 2022. 

Despite some predictions otherwise, the current California real estate market is still booming, and it shows no sign of slowing down thanks to low supply and continuously high demand. 

But one thing is different from last year. And that’s the California Residential Purchase Agreement, an essential document included in the purchase of a home.

What’s A California Residential Purchase Agreement?

Created by the California Association of Realtors (CAR), the California Residential Purchase Agreement is an important, detailed form involved in the purchase of a home. In fact, CAR describes this document as the “cornerstone of every successful real estate transaction in California,” and it contains the essential terms for the formation of a real estate contract. Ultimately, it’s designed to address most issues involved in the purchase and sale of real property, so future disputes are prevented. 

According to CAR, this multi-functional document serves many purposes, as it’s: 

  • an offer to purchase real property
  • a completed contract, once it’s signed by the buyer and seller and communication of acceptance is received
  • a receipt for the good faith earnest money deposit
  • joint escrow instructions
  • a mediation and arbitration agreement
  • a confirmation of the agency relationships
  • and an irrevocable assignment of compensation to brokers

How Has It Changed?

The California Residential Purchase Agreement changed, effective Dec. 14, 2021, in an effort to make it more easily understood by buyers and sellers. 

“The California Association of Realtors has put out a completely new contract,” Steffanie explained. “Instead of 10 pages, it’s now 16 pages. The first five pages are the actual contract, and the next 10 pages essentially define and explain all the terms laid out in the first 5 pages. While the goal was to make this document easier to understand, it’s still a very complex and confusing document, especially if it’s your first time filling it out.” 

While not too much has changed from a legal perspective, the order of information and terms used have changed significantly. This means you really have to know what you’re looking for to get a firm understanding, and it’s best to complete this document with the help of an expert. 
Learn more about the new California Residential Purchase Agreement from Founding Partner Steffanie Stelnick.

Why Does It Matter? 

In the State of California, if you sign a Residential Purchase Agreement, you’re charged with the knowledge of everything that’s inside the four corners of that contract. Whether or not you read all 16 pages, the court will hold you accountable to every word, once you sign it. 

“This document specifies exactly what the buyer and seller are required to do. As a buyer, you need to know what your responsibilities and obligations are, and so does a seller,” Steffanie explained. “So it’s very important to understand what you’re signing.”

What Should I Do Next? 

Your real estate agent or broker should go over your agreement with you in detail, so you understand how to fill it out. But a lawyer can help you understand all the legal ramifications of the contract you’re entering. 

Additionally, in the case that your agent doesn’t adequately review the agreement with you, a lawyer can help bridge that gap, answering questions about both the risks and benefits of your transaction. 

“If you’re considering buying or selling property, please reach out to us as early as possible, and we can help you navigate the California Residential Purchase Agreement properly from the very beginning,” Steffanie added. “We can answer all your questions. We’ll walk you through everything and ensure that you and your assets are protected. That’s what we’re here for, and that’s where our expertise can help.”

If you have questions about the new CAR Residential Purchase Agreement, please schedule a complimentary case evaluation, and we will thoroughly review your contract, as well as answer all your questions about the document, your transaction, escrow and more.

About The Law Offices of Steffanie Stelnick 

The Law Offices of Steffanie Stelnick is a full-service civil litigation law firm in California that focuses on real estate law, with cases in estate planning, probate, landlord and tenant disputes and contract disputes. Mrs. Steffanie Stelnick represents builders, small and large property management companies, investors, brokers and all types of real property owners. In 2020, she was recognized by the American Institute of Trial Lawyers as Litigator of the Year. Mrs. Stelnick believes all landlords and tenants should know their rights, and when it comes to representation, experience matters. The Law Offices of Steffanie Stelnick has handled thousands of real estate cases with a strong, aggressive approach that ensures all clients operate on an even playing field in a litigation environment. Founded in the Santa Clarita Valley, this premiere real estate law firm has offices throughout the state of California, including Encino, San Francisco and Sacramento. 

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Understanding Real Estate Law In Santa Clarita & Beyond

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Do you own or rent a property? Then it’s time to learn the basics of real estate law in Santa Clarita and beyond.

Real estate law might sound like something that’s only necessary for landlords, commercial brokers and neighbors in a dispute over property lines. 

But it covers every aspect of real property. 

That means, whether you own multiple properties or rent a mobile home, you have a need for real estate law. 

In fact, even if you’re just signing a lease, you should be working with a real estate lawyer to protect yourself … and the roof over your head.  Otherwise, a simple mistake could turn into a very costly one.

What’s Real Estate Law?

Real estate law covers every aspect of real estate contracts, transactions, disputes and litigation, as well as in all cases of real property including office, retail, industrial and residential properties. 

A real estate law attorney may represent professionals across the industry including builders, developers, small and large property management companies, investors, and brokers. Additionally a real estate lawyer represents anyone who rents or owns real property – essentially anyone with a roof over their heads. Regardless of the client or case, however, a real estate law attorney works to minimize liability while maximizing benefits. 

“Believe it or not, any physical space you touch on a daily basis is real estate,” Steffanie explained. “If you’re a tenant renting a home, apartment, studio, or mobile home – or you’re an investor on your 15th flip – this is all considered real estate law.”The Law Offices of Steffanie Stelnick specialize in real estate law, and Founding Partner Steffanie Stelnick also holds her real estate broker’s license in the State of California, giving her inside knowledge and experience in all areas of the market.

Learn more about real estate law in Santa Clarita with Founding Partner Steffanie Stelnick. 

Real Estate Law Services

Real estate law services can include: 

  • Acquisition, Development, Sale and Option of Real Property
  • Lease Negotiation, Documentation, and Evaluation
  • Residential and Commercial Purchase/Sale Agreements
  • Financing
  • Sale/Leaseback Transactions
  • Covenants, Conditions and Restrictions (CC&Rs)
  • Department of Real Estate and Other Regulatory Agency Filings
  • Construction Agreements for Developers, Contractors and Design Professionals
  • Governmental Agency Entitlements
  • Insurance
  • Homeowner Maintenance Manuals and Warranty Agreements
  • And more

For a complete list of our real estate law services and litigation experience, please visit our services page.

When Do You Need A Real Estate Lawyer?

You need a real estate lawyer anytime a contract is signed concerning real property, as well as anytime there’s potential for liability or a real estate dispute. 

That means, whether you rent or own, you’ve likely signed a contract that needs to be reviewed by a real estate lawyer, in order to best protect your interests for the future. For example, this could be your apartment lease to the California Residential Purchase Agreement you sign when buying a home. 

“Why do you need a real estate lawyer to review a contract as common as a lease or residential purchase agreement? In the State of California, you’re legally charged with the knowledge of anything you sign,” Steffanie explained. “When you sign a contract, by law, you’re saying you understand the terms and what they mean in all cases. Whether or not you read that 10-page document, the court will hold you accountable to it once you sign it.”

That’s why it’s so important to understand any contract before you sign it. 

“Even in such common transactions as buying or selling a home, you need to know the disclosures that need to be made in the State of California. You also need to know what title is and what escrow is,” Steffanie said. “And that’s what we’re here to help you with.”If you want to protect yourself from any future litigation, we highly recommend you meet with a real estate lawyer – who knows how to write and create real estate contracts – to better explain the implications of your contract. That way, you understand exactly what you’re getting yourself into.

How Do You Best Protect Yourself? 

The best thing you can do to protect yourself is contact a real estate lawyer as early in the process as possible. If you can involve a qualified attorney from the beginning, then you’re more likely to avoid unnecessary spending in a lengthy litigation process. 

“If you get to the point of real estate litigation, then you’re filing a lawsuit against every person involved in the transaction: the home inspector, escrow, title, and all the real estate agents involved,” Steffanie explained. “That’s why it’s definitely cheaper to hire an attorney in the beginning, as opposed to once something has already gone wrong.”

Alternatively, we recommend having a lawyer look over the contracts and transaction details ahead of time, so your interests can be protected from the start. 

“In the most common transactions, such as signing a residential purchase agreement, often all it takes is a quick review,” Steffanie said. “We can answer any questions and give you a synopsis of what to look out for, and that puts you in a significantly better position.”

What’s The Next Step? 

Once you have a better understanding of real estate law, it’s important to have a qualified lawyer look over your existing contracts. 

It could also serve you to find a real estate lawyer before you find yourself in a position of need. If you’re considering buying a property, selling a property, signing a new lease, then we recommend building that relationship now. It’s also important, even if you’re not moving any time soon, but you’re worried about possible litigation, such as a neighbor dispute. 

“Please feel free to give us a call for all your real estate contracts, transactions and questions. We offer a free consultation, and we don’t charge for phone calls,” Steffanie explained. “You have nothing to lose and everything to gain from qualified representation in all real estate matters.” 

We are here to help. Schedule your complimentary case evaluation today, and we will help you map out all the details of your potential case and implement the best solution.

About The Law Offices of Steffanie Stelnick 

The Law Offices of Steffanie Stelnick is a full-service civil litigation law firm in California that focuses on real estate law, with cases in estate planning, probate, landlord and tenant disputes and contract disputes. Mrs. Steffanie Stelnick represents builders, small and large property management companies, investors, brokers and all types of real property owners. In 2020, she was recognized by the American Institute of Trial Lawyers as Litigator of the Year. Mrs. Stelnick believes all landlords and tenants should know their rights, and when it comes to representation, experience matters. The Law Offices of Steffanie Stelnick has handled thousands of real estate cases with a strong, aggressive approach that ensures all clients operate on an even playing field in a litigation environment. Founded in the Santa Clarita Valley, this premiere real estate law firm has offices throughout the state of California, including Encino, San Francisco and Sacramento. 

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Santa Clarita Neighbor Dispute Attorney Explains Your Options

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Stuck in a stalemate over property lines? Our Santa Clarita neighbor dispute attorney is here to explain your options.

During the last couple years, most people spent a lot more time at home than they ever had before. That means, many people also noticed issues around their property that they hadn’t noticed before. 

You might have noticed, for example, that your neighbor flooded their lawn, which has now overflowed and affected your lawn, too. Or maybe you noticed a neighbor’s fence was built on your lot line. 

“With more time spent at home, we’re noticing more calls from residents who have recognized an issue with their neighbor – an issue that has affected their property,” Steffanie Stelnick, Founding Partner of The Law Offices of Steffanie Stelnick. “Many people have been making changes or improvements to their properties. Sometimes that can cause new issues for your neighbor.”

So what happens when a neighborly squabble turns into a stubborn dispute?

Understand Your Options With Our Santa Clarita Neighbor Dispute Attorney

Know Your Neighborhood: Santa Clarita, Los Angeles County & Beyond

Unfortunately, neighbor disputes are very common, especially in the State of California and in Los Angeles County, because of how lot lines have been drawn on many properties. 

“Believe it or not, in Los Angeles, most lots are built overlapping their neighbor’s lot. For example, if you were to hire a land surveyor to find out where your lot line is, you’d likely be surprised to find out that your neighbor is on your lot line,” Steffanie explained. “It’s very similar in the City of Santa Clarita, as well, especially in Newhall, Canyon Country and some of the city’s outskirts. In these areas, there can actually be huge line disputes.”

Know Your Options

To get a clear and firm understanding of your options, first you need to review the details of your specific case. When it comes to real estate law, there are so many finite details you have to prove in order to move forward with a neighbor dispute case. 

That’s why understanding your options starts with speaking to an experienced real estate attorney who is licensed to practice in the State of California. “If you come in to meet with me, I’m going to tell you that the best thing you can do is talk to your neighbor. See if you can come to an amicable resolution,” Steffanie explained, “because the only people who win in this kind of lawsuit are the attorneys. So it’s better to talk to your neighbor to see if you can reach some kind of agreement.”

When You Can’t Reach Resolution

While we always recommend resolving neighbor disputes outside of court, sometimes that just isn’t possible. “If you’ve talked to your neighbor, and it’s going nowhere, we will help navigate that conversation for you,” Steffanie xplained. “At the end of the day, you’re a homeowner who wants to protect your home and your assets. After all, you’re paying taxes on the land, so you need to find out what land is actually yours.”

How We Can Help

Whether you’re signing a legally binding contract, navigating a real estate transaction, or managing rental properties, getting the opinion of a Santa Clarita real estate attorney is crucial, if you want to save yourself time, hassle and money in the future. 

Our attorneys can review your legal paperwork with an expert eye because they’re specifically trained and experienced in real estate law in Santa Clarita and throughout California. 

“It’s always worth asking. That’s why we’re here,” Steffanie explained. “We will work to protect your assets, and we can help ensure a smooth process and a happy outcome for everyone involved.”

Are you wondering if you have a valid neighbor dispute, or are you ready to reach an amicable resolution? We are here to help. Schedule your complimentary case evaluation today, and we will help you map out all the details of your potential case and implement the best solution.

About The Law Offices of Steffanie Stelnick 

The Law Offices of Steffanie Stelnick is a full-service civil litigation law firm in California that focuses on real estate law, with cases in estate planning, probate, landlord and tenant disputes and contract disputes. Santa Clarita breach of contract attorney Mrs. Steffanie Stelnick represents builders, small and large property management companies, investors, brokers and all types of real property owners. In 2020, she was recognized by the American Institute of Trial Lawyers as Litigator of the Year. Mrs. Stelnick believes all landlords and tenants should know their rights, and when it comes to representation, experience matters. The Law Offices of Steffanie Stelnick has handled thousands of real estate cases with a strong, aggressive approach that ensures all clients operate on an even playing field in a litigation environment. Founded in the Santa Clarita Valley, this premiere real estate law firm has offices throughout the state of California, including Encino, San Francisco and Sacramento.

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Do You Need A Constructive Eviction Attorney In Santa Clarita?

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Wondering if you need a constructive eviction attorney in Santa Clarita? It’s crucial to understand your rights as a landlord or as a tenant.

Evictions are complicated, especially when it comes to constructive eviction. 

That’s why it’s so important to understand the details of your case – and who is most liable. 

Learn your rights as a landlord and as a tenant with real estate attorney Steffanie Stelnick, Founding Partner of The Law Offices of Steffanie Stelnick.

Do You Need A Santa Clarita Constructive Eviction Attorney?

What’s Constructive Eviction?

A constructive eviction occurs when the landlord forces the tenant to move out of the property before the tenant’s lease is up. Any time a landlord interrupts a tenant’s right to a lease, it could be deemed a constructive eviction. 

“This can be anything from pests to a plumbing issue that floods the entire property and makes it uninhabitable,” Steffanie explained. “In some cases, the landlord may be required to relocate the tenant. They’ll make repairs and get the property ready again, and once the property is ready for the tenant to move back in, they can resume living there.”

Who’s Most Liable In A Constructive Eviction?

In typical constructive eviction cases, the most liable person is the landlord. 

“The landlord has rights and duties, just like a tenant does,” Steffanie explained. “If a tenant is paying rent on time, pursuant to the lease, the landlord has rights and obligations they have to meet to protect and perfect the lease.”

How Should A Landlord Address A Constructive Eviction?

The first step to addressing a constructive eviction is to speak with an attorney as soon as possible. 

“In order for you to understand the protections available to you, you need to meet with me or one of my associate attorneys,” Steffanie explained. “We can go over your case, your lease, and the conditions you’re facing in detail. Then we will help you as much as we can, by providing clear advice and actionable next steps.”The Law Offices of Steffanie Stelnick offers a complimentary case evaluation and does not charge for initial consultations.

How Can You Work With A Tenant?

If you’re a landlord – and you’ve been notified by your tenant that you might be involved in a constructive eviction – please contact us, so we can help you understand your options. We can advise you on what you need to do next and the steps that will help you correct the situation, if needed. “We might be able to advise the tenant that this, in fact, is not a constructive eviction,” Steffanie explained. “We will then let them know how we are going to best resolve the situation, so you can continue the landlord-tenant relationship.”

When Do I Need An Attorney?

If you think you might have a case of constructive eviction, then it’s definitely worth it to have an attorney look things over. With a transaction as big as this, there can be significant damages involved. We can help you prepare to fight this from the strongest possible position. 

In fact, when you’re dealing with property, it’s almost always a good idea to have a real estate attorney look over your documents and contracts, especially when it’s at no cost to you. 

“Please let us help you navigate these situations. You can always ask us questions,” Steffanie explained. “We don’t charge for phone calls, and your initial consultation is always free. We can meet with you by phone, by Zoom or in person.”

How We Can Help

Whether you’re signing a legally binding contract, navigating a real estate transaction, or managing rental properties, getting the opinion of a Santa Clarita real estate attorney is crucial, if you want to save yourself time, hassle and money in the future. 

Our attorneys can review your legal paperwork with an expert eye because they’re specifically trained and experienced in real estate law in Santa Clarita and throughout California. 

“It’s always worth asking. That’s why we’re here,” Steffanie explained. “We will work to protect your assets, and we can help ensure a smooth process and a happy outcome for everyone involved.”

We are here to help. Schedule your complimentary case evaluation today, and we will help you map out all the details of your potential case and implement the best solution. 

About The Law Offices of Steffanie Stelnick 

The Law Offices of Steffanie Stelnick is a full-service civil litigation law firm in California that focuses on real estate law, with cases in estate planning, probate, landlord and tenant disputes and contract disputes. Santa Clarita breach of contract attorney Mrs. Steffanie Stelnick represents builders, small and large property management companies, investors, brokers and all types of real property owners. In 2020, she was recognized by the American Institute of Trial Lawyers as Litigator of the Year. Mrs. Stelnick believes all landlords and tenants should know their rights, and when it comes to representation, experience matters. The Law Offices of Steffanie Stelnick has handled thousands of real estate cases with a strong, aggressive approach that ensures all clients operate on an even playing field in a litigation environment. Founded in the Santa Clarita Valley, this premiere real estate law firm has offices throughout the state of California, including Encino, San Francisco and Sacramento.

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Santa Clarita Breach Of Contract Attorney Explains Steps For Buyers & Sellers

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Wondering if you have a case? Our Santa Clarita breach of contract attorney is sharing the legal steps involved for real estate buyers and sellers. 

A breach of contract lawsuit is the biggest lawsuit involved in a real estate transaction. 

Why? When you’re buying and selling real estate, the contract is everything. It’s all you really have. 

So what happens when that contract comes under dispute? 

If one or both parties hasn’t fulfilled their requirements under contract, then you might have a breach of contract case. 

However, there are specific questions you need to answer, in order to prove a breach of contract.

Elements Of A Breach Of Contract

In the State of California, you need to prove the following four elements are true in order to prove a breach of contract: 

1. Is There A Contract?

First you must establish that there was a contract established between both parties. This contract can be oral, or it can be written. “In real estate, the contract does need to be written and signed by both parties,” explained Steffanie Stelnick, Founding Partner of The Law Offices of Steffanie Stelnick. “However, there are always options that we can discuss, whether or not your contract is in writing.”

2. Were All Your Requirements Performed?

Next, you need to prove that you have performed all of your requirements in that contract. If you’re the buyer, for example, that means you’ve put in the earnest money deposit, done your investigations, secured your loan, and funded escrow. Then, if the seller refuses to allow you to purchase that property, you move onto the third element.

3. Was There A Breach Of Contract?

This is when you prove that the other party has not performed their requirements, and therefore, they’ve breached the contract. 

For example, maybe the seller didn’t fulfill their obligations in escrow. Maybe they didn’t allow title to record the deed of trust and consummate the sale. That means they have breached that contract. 

As a result, you most likely experienced damages.

4. Did You Experience Damages? 

The final element in proving a breach of contract is damages. You’ve proven that you could perform your part of the contract, and you’ve proven the other party hasn’t met their requirements. So what did you lose in that transaction? 

You could have lost money because you performed the requirement to fund escrow. Maybe you acquired expenses when preparing documents for the sale. Those are damages that you experienced as a result of the breach in contract.

When Do I Need An Attorney?

If you’re worried there might have been a breach of contract in your real estate transaction, then it’s definitely worth it to have an attorney look things over. With a transaction as big as this, there can be significant damages involved. We can help you prepare to fight this from the strongest possible position. 

In fact, when you’re dealing with property, it’s almost always a good idea to have a real estate attorney look over your documents and contracts, especially when it’s at no cost to you. 

“Please let us help you navigate these situations. You can always ask us questions,” Steffanie explained. “We don’t charge for phone calls, and your initial consultation is always free. We can meet with you by phone, by Zoom or in person.”

How We Can Help

Whether you’re signing a legally binding contract, navigating a real estate transaction, or managing rental properties, getting the opinion of a Santa Clarita real estate attorney is crucial, if you want to save yourself time, hassle and money in the future. 

Our attorneys can review your legal paperwork with an expert eye because they’re specifically trained and experienced in real estate law in Santa Clarita and throughout California. 

“It’s always worth asking. That’s why we’re here,” Steffanie explained. “We will work to protect your assets, and we can help ensure a smooth process and a happy outcome for everyone involved.”

Do you have questions about a possible breach of contract? We offer a complimentary consultation designed to help answer all your questions – and we don’t charge for phone calls. So please don’t hesitate to contact The Law Offices of Steffanie Stelnick today.

About The Law Offices of Steffanie Stelnick 

The Law Offices of Steffanie Stelnick is a full-service civil litigation law firm in California that focuses on real estate law, with cases in estate planning, probate, landlord and tenant disputes and contract disputes. Santa Clarita breach of contract attorney Mrs. Steffanie Stelnick represents builders, small and large property management companies, investors, brokers and all types of real property owners. In 2020, she was recognized by the American Institute of Trial Lawyers as Litigator of the Year. Mrs. Stelnick believes all landlords and tenants should know their rights, and when it comes to representation, experience matters. The Law Offices of Steffanie Stelnick has handled thousands of real estate cases with a strong, aggressive approach that ensures all clients operate on an even playing field in a litigation environment. Founded in the Santa Clarita Valley, this premiere real estate law firm has offices throughout the state of California, including Encino, San Francisco and Sacramento.

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Navigating Santa Clarita Real Estate Law In 2022

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Having trouble keeping up with Santa Clarita real estate law? A lot has been happening. Here are our top three tips to navigate the current market. 

In January 2022, Santa Clarita home prices were up 19.5% compared to last year, and homes sold at a median price of $825,000, according to the Southland Regional Association of Realtors (SRAR). 

On average, homes in Santa Clarita sold after 26 days on the market, compared to 35 days last year. Additionally, the number of homes sold (183) decreased 8.5% from this time last year. 

The numbers are pretty clear. Though inventory is low, we’re still in the middle of a booming real estate economy, in every aspect from buying and selling to renting and even construction. 

“Anything you can imagine, in terms of Santa Clarita real estate, has been nonstop,” explained Steffanie Stelnick, Founding Partner of The Law Offices of Steffanie Stelnick. “As we look ahead, many people are speculating about what’s on the horizon. The Federal Reserve is talking about raising the interest rates. Inflation is huge. And people are wondering: ‘What do we do?’”

2022 Santa Clarita Real Estate Law Update

When the economy and the real estate market are this active, it’s important to know what you’re getting into. Here are our top-three tips for navigating the Santa Clarita real estate market this year:

1. Review Your Assets

Wholesaling is a relatively new term in real estate that refers to the quick re-selling of homes. 

“In a wholesale, the seller works directly with the buyer – typically with no agents involved – which is very rare in real estate,” explained Steffanie Stelnick, Founding Partner of The Law Offices of Steffanie Stelnick. “Generally, there’s a third-party intermediary involved to represent your interests. Pulling that person out of the equation has both benefits and drawbacks that you should know about.” 

While these transactions can be done very quickly, for example, they also can leave you vulnerable. 

“A property is a significant investment, which is why it’s critical to have a real estate attorney review any legally binding property contract, including the wholesale of your property,” Steffanie added. “When it’s done with the proper guidance and expertise, wholesaling can be a fast-and-easy solution for the right seller.” 

2. Proceed With Caution

If you’re in the middle of a transaction, or you’re considering one, now is the time to be cautious and protect yourself. Make sure you’re reviewing all your documents and contracts with a qualified attorney. 

“Even though things are moving quickly right now, you still need to be mindful of each step in the process,” Steffanie advises. “This is not the time to cut corners out of convenience or to save time. These are major transactions, and you really need to be crossing your t’s and dotting your i’s.”

3. Look To The Future

Our attorneys also help with trusts, which need to be reviewed more often than people realize. For example, if you refinanced while the interest rates were low, you should check your trust, too. Sometimes the mortgage lender may not put the property back into the trust. “That’s why it’s so important to reach out to a real estate attorney,” Steffanie explained. “We can review your property profile to make sure everything is exactly the way you want it, so you can protect your biggest assets — now and in the future.”

How We Can Help

Whether you’re signing a legally binding contract, navigating a real estate transaction, or managing rental properties, getting the opinion of a Santa Clarita real estate attorney is crucial, if you want to save yourself time, hassle and money in the future. 

Our attorneys can review your legal paperwork with an expert eye because they’re specifically trained and experienced in real estate law in Santa Clarita and throughout California. 

“If you have questions about anything that deals with real estate in California, we are your one-stop-shop law firm to help you navigate all the challenges and opportunities of this unique real estate market,” Steffanie said. 

Do you need an expert eye to review your properties or trust? We offer a complimentary consultation designed to help answer all your questions – and we don’t charge for phone calls. So please don’t hesitate to contact The Law Offices of Steffanie Stelnick today.

About The Law Offices of Steffanie Stelnick 

The Law Offices of Steffanie Stelnick is a full-service civil litigation law firm in California that focuses on real estate law, with cases in estate planning, probate, landlord and tenant disputes and contract disputes. Santa Clarita wholesale attorney Mrs. Steffanie Stelnick represents builders, small and large property management companies, investors, brokers and all types of real property owners. In 2020, she was recognized by the American Institute of Trial Lawyers as Litigator of the Year. Mrs. Stelnick believes all landlords and tenants should know their rights, and when it comes to representation, experience matters. The Law Offices of Steffanie Stelnick has handled thousands of real estate cases with a strong, aggressive approach that ensures all clients operate on an even playing field in a litigation environment. Founded in the Santa Clarita Valley, this premiere real estate law firm has offices throughout the state of California, including Encino, San Francisco and Sacramento.

Santa Clarita Wholesale Attorney Steffanie Stelnick answers all your questions about this commonly misunderstood real estate transaction.

Santa Clarita Wholesale Attorney Demystifies Property Wholesaling

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Santa Clarita Wholesale Attorney Steffanie Stelnick answers all your questions about this commonly misunderstood real estate transaction.

Property wholesaling takes a unique approach to selling property. 

But why do some people refer to it as the “real estate black market,” and is it a viable option? 

Let’s find out if wholesaling is the right option for you.

What’s Property Wholesaling? 

Wholesaling is a relatively new term in real estate that refers to the quick re-selling of homes. 

“In a wholesale, the seller works directly with the buyer – typically with no agents involved – which is very rare in real estate,” explained Steffanie Stelnick, Founding Partner of The Law Offices of Steffanie Stelnick. “Generally, there’s a third-party intermediary involved to represent your interests. Pulling that person out of the equation has both benefits and drawbacks that you should know about.” 

While these transactions can be done very quickly, for example, they also can leave you vulnerable. 

“A property is a significant investment, which is why it’s critical to have a real estate attorney review any legally binding property contract, including the wholesale of your property,” Steffanie added. “When it’s done with the proper guidance and expertise, wholesaling can be a fast-and-easy solution for the right seller.” 

How Does Property Wholesaling Work? 

Wholesaling is an investor strategy that has become more common in Santa Clarita and throughout California. Here’s how it works: 

The wholesaler (i.e. real estate investor) contracts a home with a seller at a specific price. Then the wholesaler finds and brings in a buyer, who is assigned the contract at a higher price. Instead of purchasing a home and selling it, a wholesaler contracts a home with the seller and buyer – then pockets the difference. 

Unlike a traditional real estate agent, a wholesaler does not need to pass an exam or have a license in order to complete the transaction, which is why it can be seen as the “real estate black market.” However, it’s a strategy often used by investors, as well as sellers who are looking to move quickly. 

What Are The Benefits Of Wholesaling?

“Wholesaling gives the seller control of their property, so they can sell it to a cash investor, no agents involved,” Steffanie explained. “That’s a huge difference for a lot of reasons.”

In a wholesale transaction, the wholesaler offers cash, and the seller nets the amount of the offer after any property encumbrance, such as a mortgage, is paid. The buyer covers all closing fees, as well. Once the sale is complete, the seller takes home the offer price – cash in hand. 

Additionally, a wholesale transaction can close in just five to seven days. That’s why it’s a great option for sellers who need to relocate quickly due to a professional opportunity, loss or other significant life event. This strategy allows the seller to liquidate their assets much faster than the traditional process. 

When Do I Need A Wholesale Attorney?

“In real estate, it’s rare for a seller to work directly with the buyer in a property transaction, which is why wholesaling can be quick and attractive in the right circumstances,” Steffanie explained. “But it’s also why there are a lot more requirements. That’s where we can help.” 

Often, there are no real estate agents or intermediaries in a wholesale property transaction, but the transactions can take place in a matter of days. That means it’s essential to have a team of expert legal professionals to ensure nothing falls through the cracks. 

Additionally, when wholesale contracts require a “double closing,” they can get into an ethical gray area if not done correctly. To ensure you’re staying within the scope of California law, it’s essential to consult a knowledgeable California real estate attorney.  

“We can review the purchase contract and review the offer, to help you determine whether or not it’s in your best interest to sell,” Steffanie explained. “Then we will let you know whether it’s in your best interest to sell the property wholesale or with a real estate agent in a traditional sale.”

Do you need a Santa Clarita wholesale attorney? Do you have questions about a real estate contract, transaction or property-related issue? We offer a complimentary consultation designed to help answer all your questions – and we don’t charge for phone calls. So please don’t hesitate to contact The Law Offices of Steffanie Stelnick today.

About The Law Offices of Steffanie Stelnick 

The Law Offices of Steffanie Stelnick is a full-service civil litigation law firm in California that focuses on real estate law, with cases in estate planning, probate, landlord and tenant disputes and contract disputes. Santa Clarita wholesale attorney Mrs. Steffanie Stelnick represents builders, small and large property management companies, investors, brokers and all types of real property owners. In 2020, she was recognized by the American Institute of Trial Lawyers as Litigator of the Year. Mrs. Stelnick believes all landlords and tenants should know their rights, and when it comes to representation, experience matters. The Law Offices of Steffanie Stelnick has handled thousands of real estate cases with a strong, aggressive approach that ensures all clients operate on an even playing field in a litigation environment. Founded in the Santa Clarita Valley, this premiere real estate law firm has offices throughout the state of California, including Encino, San Francisco and Sacramento.