What Kinds of Issues?
At Real Estate Mediation Service, we can work with attorneys and their clients to resolve any number of real estate related disputes.
Some of the most common involve:
Boundary and Easement Disputes
Boundary lines, especially boundaries (like roads) that have been long in use, and in the wrong place, are fertile ground for dispute. Lines in the sand (pardon the pun) get drawn and people get entrenched in their positions. The same applies to fences – or trees.
Often the conflict can be resolved when the interests of the parties are reviewed and respected. Arbitrarily moving a fence, or cutting down a tree (or 2) is a sure fire way to set up a battle. A good mediator can cut through “positions” and get to the meat of the matter. Because, almost always, it’s never about the tree itself.
Breaches of Contract
Markets in flux; unexpected turn of events; any number of reasons can crop up in a real estate deal that makes it advantageous to breach a purchase or lease contract. There are real, and often unintended consequences to breaching a contract.
An experienced mediator who understands the nuances of a real estate transaction can sometimes suggest ways to restructure a deal, or smooth an exit from one.
Non-Disclosure of Known Defects
No one likes to feel as if they were snookered into buying something that had a known but undisclosed defect. Most residential real estate purchase disputes have this kind of issue at their core.
A skilled mediator can sus through the disclosure documents and communications between the parties to learn what was and wasn’t spoken of or disclosed, and help the parties work through the feeling of having been duped or of being accused of trying to dupe someone, and help them reach resolution of the dispute.
Family Partition Actions, Partnership Dissolutions
Partition actions, and partnership dissolutions are a LOT like divorces. There is tremendous pent-up emotion – that (often) has nothing to do with the property in question. These kinds of controversies are some of the most difficult to work through because of the underlying personal animosities that have built up, sometimes over decades of life.
With patience, and empathy, a mediator can assist the participants in the mediation to express and work through those feelings and emotions, and guide them to a resolution they may have never thought possible.
Broker Negligence
A buyer or seller of real property relies on their broker in a tremendous way. Most have only bought or sold a single property in their lives before. Most brokers take the responsibility to act as a fiduciary to their clients seriously. But life, is full of surprises, and we all make mistakes. It is the consequences of those mistakes that matters.
The client has one set of goals. The insurance company representing the broker has an entirely different set – which sometimes even includes dumping the broker and claiming there is no coverage at all !
A mediator’s role can often be split into several Mini-Mediations: The one between a Buyer and Seller, the one between the client and Broker, and the one between the broker and his/her Insurance company. It takes a mediator who has experience in all three kinds of disputes. And who knows how to juggle too.
Fraud in the Formation
Nothing is more enraging than having been lied to and tricked into a bad real estate deal – or being (unfairly) accused of having done so. It isn’t an allegation that one makes lightly. Yet, nearly every real estate dispute contains a charge of fraud.
Battling through the emotion of claiming or defending a fraud claim – all the while doing justice to the feelings that such allegations bring with them – and still trying to reach a settlement (that doesn’t include a head on a spike) is one of the challenges of the mediation process.
Patience, empathy, a willingness to dig deeper into the perception of the events leading to the dispute, with objectivity, are all skills of an excellent mediator.
Having been through that process, from all sides – at one time or another, is one of the attributes we bring to the mediation table – all in an effort to help the participants work through the issues and reach settlement.
Loan Workouts and Renegotiations, Foreclosures
COVID 19 has shaken the real estate marketplace down to its core.
Legislation that prevents eviction, yet doesn’t prevent foreclosure puts property owners in an awful position. How does one pay the bank, when the tenant can (or won‘t) pay them? By going to the “money tree” in the backyard? We wish…
Lenders have problems too – they have investors and shareholders that need the return on those loans to pay their bills as well. Many servicing agreements call for the servicer to make up losses, or have insurance against them – which leads to a whole other set of problems.
When each side s locked into position, and each have a “contract” that they are waiving in the air to support it, how do you reach some kind of reasonable compromise?
In part by understanding the interests at stake, and searching for compromise that allows for each side to achieve what it needs – even if that’s not what they want.
Only a mediator that understands the nuances of the inter-relationships between Landlord-Tenant-Bank-Servicer-Investor is going to be equipped to work with the various stakeholders to reach a compromise that works for all of them.
Commercial Evictions
Commercial property represents a significant investment for most owners – and their tenants. In many cases, the value of a tenant’s business is predicated upon its longevity in a single (leased) location. Being forced out of a lease can mean killing a long established business.
But landlords have lenders too (or, at least, most of them do), and those lenders want to stay in business as well. The lenders want to get their loans paid. And the tenants have a contract that says they will make rent payments – which the landlords use to pay the lenders.
Can the tenant get rent-relief? And still stay in the leased property?
Many tenants are attempting to use the “force majeure” or “frustration of purpose” doctrines to get rent relief as a result of governmental forced COVID 19 closures. Can they? And even if they can, should they? What are the consequences of doing so?
When one side or the other has a different position on the matter – then what?
The lawyers will likely have a briefcase full of cases – for and against, and in support of their clients’ positions.
A good mediator is also a peacemaker (or a magician…) that can take these different positions, work through the various legal theories, and work with the landlord and tenant to come up with a solution that affords everyone the ability to sleep at night.
Title Insurance Claims
Title insurance is often misunderstood. It is not “homeowner” insurance. It doesn’t cover damage to your roof if a tree falls on it. In many states there isn’t “title insurance” at all, but rather an “abstract of title” prepared by a lawyer that is designed to give a buyer assurance of just what it is that is being bought.
But, what if the abstractor gets it wrong, and missed that 100 year old easement which runs through the front 20 feet of your property?
Do you spend untold months and hundreds of thousands of dollars litigating that dispute?
A mediator that understands how title is researched, how the insurance process works and what is covered – and what isn’t – can be a significant contributor to guiding the parties to resolution of a title insurance claim, without the need to do battle for years.
The list seems never ending.
Having been in the real estate industry for over 44 years, as an Advisory Title Officer, Real Estate Broker and Trial Attorney, I’ve experienced all these kinds of issues and conflicts, more than once.
Bedtime Reading
Common Competing Concerns Between Experts and Lawyers.(And how to avoid them.) It all starts out nicely enough. The Lawyer has called a fellow attorney, or looked on SEEK or Experts.com and read though a Bio and CV, or two, of potential Experts for her case. She picks one, and makes the call. The Lawyer and
What Others Say
Christopher is a good atty. to consult with on property matters as well as some other legal issues I’ve had to deal with. He’s also a pretty good guy for a Lawyer, just don’t tell him I said so.
I hired Hanson for education purposes and for what we’re doing right or wrong. It was great – it may have kept us out of trouble. They’re pretty focused on what they do & don’t do. From Christopher you get a problem solving approach. As a broker, his perspective is better than someone who’s only been a real estate lawyer and never worn the hat of broker. I have confidence in him – he’s doing the right thing – competent in the technical aspects of his job and I can trust him. I love the mini law reviews and share them at my sales meetings – they’re different and valuable.
I would refer people to Christopher because he’s competent and sincere.
As a real estate agent, having a list of professional and knowledgeable vendors that I can rely on, from Stagers to Plumbers, is a MUST for my own success. Christopher Hanson, Attorney at Law, is the only name on my vendor list for a recommended real estate attorney and firm. His expertise is second to none!
I am an attorney myself but have used Christopher Hanson as my “go to” attorney for my real estate litigation needs. He has a lot of knowledge and creativity when it comes to problem solving, plus he has great presentation skills in court. Christopher thinks outside the box. I would definitely recommend him.
I have worked with Christopher Hansen in the field of real estate development, and consider him an outstanding talent in the real estate profession. His legal practice has always provided wise business and transaction counsel, his experience with real estate direct sales and marketing, both in the commercial and residential sectors, uniquely positions him with a complete and through understanding of all aspects of the business. Christopher is also a creative problem-solver, while always pressing to ensure his client’s best interests are served.
Christopher Hanson is very smart and very good at what he does – he understands the complexity of cases and can negotiate a settlement.
Christopher’s experience and expertise would serve any prospective client well. Hanson has an excellent and dedicated staff.
When Chris agreed to represent us I was relieved.He was recommended to us with high regard and has lived up to every bit of that.If your case can be won than Chris is the one to represent you. I think he’s the best in the business.
Christopher is a good litigant and has taken on almost impossible things…and resolved them. He’s so well rounded – your back is covered. If someone hired Hanson against me, I’d be up against a stone wall.
Christopher was invited to our real estate office to present a risk managment talk. His presentation demonstrated a profound understanding of the legal issues facing Realtors and an ability to distill complex information in a lively and informative manner.
As a colleague on the Board of Directors at ENCINAL YACHT CLUB I have gotten to know Christopher Hanson as an extremely capable and results oriented attorney, representing the legal interest of our club in a wide variety of matters. What has struck me most with Christopher is his uncanny ability to quickly come to the essence of the issue at hand.
Mr. Hanson is a very personable and experienced attorney who is always ready to help with questions about real estate law. He has considerable working knowledge of real estate development and investment issues as well as realtor buy/sell issues. He has helped my clients with real estate and fraud issues and they were always quite satisfied with the results. Hanson is the first one I turn to for real estate advice
Christopher has on several occasions kept my plans on the straight and narrow, fixed potential situations before the materialized and advised us in a manner consistent with being trusted Counsel. I will work with him again.
Christopher produced terrific results for me and my insured in two cases filed by a plaintiff’s attorney known for his filing frivolous and costly lawsuits. His negotiation posture is what won the day in these two suits. I would work with him again.
When you need someone in YOUR corner, Christopher Hanson is the guy. His thoughtful, creative and intelligent style not only gets results but it gives you great peace of mind through difficult circumstances. Christopher makes it happen. He brings his best to every transaction and makes winning for his clients a personal thing. He’s the best.
Christopher is a dedicated attorney who works tirelessly to represent every client. His competitive spirit and drive are paramount. He is a dynamic and tenacious negotiator, incorporating modern technology into his arsenal of tools to effectively represent his clients. I can give no higher personal recommendation than to Christopher Hanson.
Christopher has demonstrated his Exceptional expertise in Real Estate law. He helped me in two separate situations with unique and very effective interpretations of the law. Far more important and helpful to me however, Christopher developed specific detailed strategy options. He has many years of experience as an attorney, broker and a CCIM. That all came together for for me with sound advice and timely service.
Christopher was very available, intelligent and took care of a very uncomfortable and difficult situation with finese. I recommend him highly.
Christopher is a cut above due to his aggressiveness & willingness to do with such vigor what we asked and wanted. The first case that Christopher Hanson handled for us was a lawsuit that we wanted him to fight – we wanted to win and to have this plaintiff go away. We got exactly what we wanted and we were happy with that. I enjoy that Hanson is willing to teach me what I don’t know. He is terribly patient with me. I don’t know honestly if I would get that from other lawyers.
Hanson Law Firm successfully litigated an action for return of my purchase deposit from a builder. With years of experience, Christopher was easily able to forge a solution that was amenable to all parties involved.
Christopher helped my business partner and I work through some issues that could have torn our business apart. Christopher’s tough questions and valuable insights caused us both to stop and reevaluate what we were doing and where we were headed. Thanxs Chris!
CONGRATULATIONS!!! I couldn’t be more pleased with the outcome … you did everything but “walk on water” during the trial.
Chris is a strategic thinker who also has an ability to organize the detail. His arguments are articulate and comprehensive. His knowledge of real estate, law and practice, is extensive. Chris is one of the best I have met in this field; he is my attorney of choice.
Christopher has provided my company with expert legal advice on several occasions. Christopher is very knowleageable and clearly communicates the available options. My questions were answered promptly and thoroughly at each step of the process. I look forward to working with Christopher in the future.
Christopher has extensive experience with real estate legal matters and having referred clients, I’ve heard nothing but positive feedback. Christopher is extremely articulate AND understandable about legal matters involving real estate and his extraordinary experience shows
Chris and his firm have a solid reputation for settling many complex cases, saving his clients a lot of money. That’s not where he stops, however. For those cases in which an agreement cannot be reached, he also knows how to (successfully) try a case. He brings in the best experts and uses the latest technology for trial (which is where I fit in, having provided trial technology), fully utilizing every available resource in the interest of representing his clients in the best possible manner. I would highly recommend him, and would not hesitate to retain him, were I to have the need.
Christopher is a brilliant individual – smart, experienced, quick witted and direct. His honesty is refreshing – as he advises on the best recourse for his clients rather that what will help to line his pockets. I recommend him often and am grateful for the information he’s provided in the past
Mr. Hanson has handled a number of legal issues and negotiations for us. Always professional and diligent, glad he is our guy, and not theirs.
Chris Hanson is a stickler for detail, presenting his thoughts in carefully crafted statements that engage everyone around him.
Tenacious and zealous–and a wonderful strategist–you want Christopher on your side!
Having sat in the Alameda Courthouse for two and one half weeks during this trial, a few unsolicited comments/observations are in order: Bottom Line: Christopher Hanson … rewrote the “How To” text book for trial lawyers. The presentation [during trial, and the] support services were “state of the art” and had the court staff standing in amazement with their mouths wide open.
Christopher Hanson understands real estate law and practice. His insight and problem solving are extremely helpful to real estate agents and real estate brokerage.
Hanson is very good because he has special knowledge of the cases. I trust him… he has deep background in real estate as a broker/agent… he knows the business well.
Christopher has practical experience in Real Estate as a Real Estate Broker and Attorney. Christopher is very knowledgeable and I highly recommend him to resolve your real estate issues.
Christopher is in the same field as I am, that of a securities lawyer. he is bright, up on the current information and a tireless worker for his clients.
Christopher is the kind of attorney we all want to hire when we have the need. He has the highest standards for his own performance and professionalism, and cares deeply about the quality of the work produced by his firm. As a person, I truly enjoy working with him, he’s got a great sense of humor, and I know he will live up to his commitments.
A good lawyer, like Christopher, specializes and has a background in real estate; he understands more, in-depth, on the practical side.
What keeps me coming back? His quality of work and the personal relationship.
Chris Hanson handled my situation in a prompt and precise manner. From start to finish, he kept me aprised of the situation until the case was settled. His confidence to win the case, much to my relief, was completely on target. Chris has a way with people, all the while being completely up front about what to expect. What more can you ask for?
I’m not going to work with any other attorney other than him. He allows you to do what you do best, which is to go out there and sell real estate. He really watches our back. He’s proactive about it, and he doesn’t sit back and wait for something to happen, he actually prevents it from happening. I’ve worked with many attorneys in the past. But, Christopher Hanson, he’s here to stay!
I feel that we’ve explored all paths before we come to a final conclusion on what we should do. Thoroughness … confidence that he utilized all his potential and expertise to work on my case. A good lawyer, like Christopher, is someone who specializes and has a background in real estate; he understands more, in-depth, on the practical side.
Christopher is the rare attorney who understands business as well as the law. While he’s an extremely talented attorney, he also understands and can articulate the business advantages of specific legal strategies. I’ve always enjoyed working with Christopher, and have gotten consistently great results. I highly recommend his work
Christopher Hanson and his crew of top notch Real Estate Attorney’s have EXTENSIVE REAL ESTATE EXPERIENCE. I highly recommend Christopher Hanson to those who want their real deals and/or real estate problems represented properly ,the first time.
Christopher has a creative and tenacious mind. He is very good at getting to the heart of an issue, and then addressing it directly. He is a professional who vigorously represents the best interest of his clients; I recommend him highly.
Christopher is a consummate professional. He is detail-oriented and is able to keep his eye on the overall objective. He is a good team player and keeps his keen sense of humor in its proper place. Christopher is loyal and true to his group. He is a hard worker to boot!
Having Chris advise or represent you will give you a feeling of immediate confidence. Even though I’ve known Chris for almost 20-years, he continues to impress me with his vast and total knowledge of his profession. He is honest, and straight-forward with his comments and opinions. He doesn’t dilly-dally, but gets things done, and done well. On more than one occasion, when Chris had obtained a winning court decision for his client, the client being represented by the other side would tell Chris that he wished that Chris had represented him. Because I’ve known Chris for so long, I can honestly say that he has always and will always be my first choice as an attorney and, most importantly, as a friend.
Hanson has exceptional knowledge, a good sense of humor, and is willing to admit when he’s wrong (a big thing!). We had many go rounds during the DRE sessions and I respected his ability.