Why Choose Scott D. Fisher
Since the inception of his legal career over 35 years ago, Scott D. Fisher has represented clients with all types of real estate matters. Mr. Fisher is also a licensed real estate broker, which provides him with valuable insight into the complex issues that may arise during a particular real estate transaction or dispute.
Mr. Fisher offers comprehensive legal representation in matters involving residential, commercial, and industrial properties, and on behalf of real estate investors, condominium developments, homeowners’ associations, licensed real estate professionals and lenders. His areas of real estate practice include:
- Preparation And Negotiation Of Purchase And Sale Agreements
- Preparation And Negotiation Of Leases
- Documentation Review For Transactions
- Real Estate Litigation
Types of Real Estate Cases We Handle
As experienced litigation and trial attorneys, we can assist you with many types of real estate disputes, including:
- Breach of Contract
- Specific Performance Of The Contract By The Breaching Party
- Real Property Defects And Non-Disclosure Issues
- Title Disputes
- Boundary Disputes
- Construction And Contractor Disputes
- Real Property Development Disputes
We also represent parties in disputes that involve real estate professionals, including claims of fraud or non-disclosure of property defects, and misrepresentations of a property’s value, acreage, or other material information. In addition, we assist with contentious boundary disputes, or “encroachments,” which are common among neighbors and often involve improvements to real property built over property lines, improvements that impede on another’s use and enjoyment of property, and structures that cross over property lines.
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FAQs
Do I need a real estate attorney if I already have a real estate agent and an escrow company?
Agents and escrow officers handle the transaction logistics, but they can’t give you legal advice or represent your interests if a dispute arises. An attorney is especially valuable for reviewing contract terms before you sign, addressing unusual contingencies, or stepping in if a deal goes sideways — situations an agent or escrow officer isn’t positioned to handle.
What disclosures is a seller required to make when selling property in California?
California law requires several disclosures, most notably the Transfer Disclosure Statement (TDS) covering the property’s known condition, along with natural hazard disclosures (flood zones, fire zones, earthquake fault zones, etc.) and other statutory disclosures. A seller who fails to disclose known material defects can face legal liability after the sale closes.
What is escrow, and why is it used in California real estate transactions?
Escrow is a neutral third party that holds funds, documents, and instructions until all conditions of the purchase agreement are satisfied. It protects both buyer and seller by ensuring money and title don’t change hands until everyone has met their obligations under the contract.