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.