LITIGATION

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Litigation, Litigation Consultation, Second-Opinions and Expert Witness Designation

Mr. Lucas has extensive litigation, trial and appellate experience representing homeowners, landlords, tenants, buyers, developers, contractors, homeowners associations, HOA boards and property managers.

Mr. Lucas has been involved in hundreds upon hundreds of real estate lawsuits, pre-litigation disputes, transactions, sales, lease agreements, mediations, arbitrations, countless court hearings and depositions, including multiple matters through jury trials, post-trial attorney fee award proceedings, and various appeals, including several jury trials and appeal hearings involving multi-million dollar claims, seven and eight-figure property disputes, and, Mr. Lucas’ favorite success story, a $97,090 attorney fee award issued to Mr. Lucas’ clients as the prevailing parties in an Orange County landlord-tenant dispute surrounding a four-figure security deposit and preposterous claims of damage from the landlord that never should be been brought against Mr. Lucas’ clients, which serves as an exceptional cautionary tale on the dangers of litigation, especially over amounts that are easily eclipsed by the potential costs (and recovery) in attorney’s fees.

While Mr. Lucas only handles exceptional and select litigation disputes personally, Mr. Lucas is frequently sought after to provide litigation consultation and strategy, including case discussion and review, second opinions, expert witness designation and retention, and alternative dispute resolution. Mr. Lucas can provide a frank analysis of your matter – often well received prior to spending countless thousands of dollars on actual litigation.

If litigation is required, Mr. Lucas has the experience, expertise, support staff and vendors to ensure representation rivaling any Orange County law firm.

Lucas Real Estate and attorney Devin R. Lucas offer unique expertise in residential real estate matters and disputes.  Mr. Lucas frequently lectures, teaches, mediates and consults on all forms of residential real estate disputes, with the primary goal being to avoid costly litigation for either party.

Mr. Lucas was the 2020 Chair of the Orange County Bar Association’s Real Estate Section, the 2017 Chair of the Orange County Bar Association’s Solo and Small Firm Section, on the panel of mediators available via the California Association of REALTORS® Real Estate Mediation Center for Consumers, a past Director of the California Association of REALTORS®, a past Director of the Newport Beach Association of REALTORS®, an active member of multiple local and statewide REALTOR® committees, was named the “2014 REALTOR® of the Year” by the Newport Beach Association of REALTORS®, and the list continues.

Modern real estate contracts (especially those drafted by the California Association of REALTORS®) contain detailed and express provisions pertaining to cancelations, return of deposits and the like.  Common misunderstandings or misconceptions prevail, despite an overwhelming body of case law addressing most common real estate disputes.  Failure to properly understand contractual provisions can cause costly mistakes. 

Common Real Estate Disputes:

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  • Non-disclosure and fraud contentions 
  • Deposit and cancelation disputes, including initial earnest money deposit disputes / release of deposits / cancelations / liquidated damages clauses 
  • Specific Performance claims
  • Landlord-tenant disputes, security deposit disputes, mold and habitability claims
  • Boundary, fence and tree disputes 
  • Neighbor disputes 
  • Construction disputes 
  • Commission and fee disputes between parties and their REALTORS®
  • REALTOR® to REALTOR® (or brokerage to brokerage) disputes, including commissions, procuring cause and the like

NEXT STEPS TO DISCUSS YOUR MATTER

ALL potential cases start with a paid consultation.  As to maximize the time we can spend with potential clients and ensure we are confidently able to assist, we do not offer free consultations pertaining to litigation matters.

You can book consultations directly from our website, or call (949-478-1623) or email (info@lucas-real-estate.com). 

Book consultations here

You can find client reviews and testimonials on our website, on other sites such as Yelp!, Google, Zillow, etc.

info@lucas-real-estate.com

949-478-1623