When a Real Estate Transaction Goes Wrong, You Need an Attorney Who Knows Every Step of the Deal
Potier Law Group is a family-owned law firm based in Long Beach, California. Clients across real estate litigation, landlord-tenant law, probate and estate planning, business law, personal injury, and bankruptcy matters have left reviews describing their experience working directly with the firm's attorney.
Why Transaction Disputes Require More Than a General Litigator
Real estate transaction law in California sits at the intersection of contract law, agency law, disclosure requirements, and escrow regulations. An attorney who handles these cases occasionally is at a disadvantage. Our team works in this area daily, and our senior partner's background in the real estate industry — on the brokerage side and at a title company — gives us a practical understanding that goes beyond the statutory framework.
That experience matters in several specific ways:
- We know what brokers and agents are trained to do, which means we can identify when standard practice was not followed
- We understand how escrow instructions are written and when they've been improperly modified or ignored
- We can read a transaction timeline and identify the precise point where a breach occurred
- We know what California disclosure law requires and how to document a failure to comply
When the other side is represented by experienced real estate counsel, you need an attorney who can match that depth.
California real estate transactions involve dozens of moving parts — and when one fails, the financial consequences can be significant. Our senior partner has worked in real estate since 1996, including prior ownership of a real estate company and leadership at First American Title Insurance Company, which means we understand exactly where transactions break down and how to build a case around it.
Transaction disputes arise when a real estate deal doesn't close as agreed — or closes under conditions one party never consented to. These aren't always dramatic failures. Some of the most costly disputes begin with a missed contingency, a misrepresented property condition, or a contract term that both sides interpreted differently.
We represent buyers, sellers, brokers, and agents in disputes involving:
- Purchase agreements that were breached before or after closing
- Failure to disclose known defects or material facts about the property
- Misrepresentation by the seller, listing agent, or buyer's agent
- Disputes over earnest money deposits and who is entitled to them
- Contingency removal errors — inspection, financing, or appraisal contingencies that were waived or mishandled
- Escrow instructions that don't match the agreed terms
- Title defects discovered after the transaction closes
- Failed closings where one party walked away without legal justification
If a California real estate transaction dispute has left you holding financial loss, a missed purchase, or an unenforceable contract, we can assess what happened and advise you on your legal options.
What Counts as a Real Estate Transaction Dispute?
What Happens After You Contact Us
We know that clients dealing with a failed or disputed transaction often feel like they're already behind. Our goal is to move quickly and give you a clear picture of where you stand.
When you reach out, here is what to expect:
- Initial review: We evaluate the transaction documents, correspondence, and timeline to identify the legal issues at play.
- Direct attorney contact: You speak with an attorney — not a paralegal or intake coordinator — about the substance of your situation.
- Honest assessment: We tell you what we see, including the strength of your position, what relief may be available, and what litigation would realistically involve.
- Strategic options: Where resolution is achievable without going to court, we pursue it. Where it isn't, we prepare to litigate and we handle that work in-house — no outside counsel, no handoffs.
We return calls and emails the same day. If your situation is time-sensitive, tell us when you call.
Who We Represent in Real Estate Transaction Disputes
We work with a range of clients on both sides of disputed transactions:
- Buyers who discovered undisclosed defects after closing, lost an earnest money deposit unfairly, or were misled about the property's condition or legal status
- Sellers who are being held liable for disclosures they made in good faith, or who are facing breach of contract claims from a buyer who walked away without cause
- Real estate brokers and agents facing professional liability claims or disputes with their own clients over representation, commissions, or transaction conduct
- Investors and developers dealing with failed acquisitions, title issues, or contract disputes on commercial or residential transactions
If you're in the Long Beach area or anywhere in our service corridor — including Torrance, Cerritos, Huntington Beach, Anaheim, and surrounding communities — we're available to meet in person or by phone.
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Frequently Asked Questions About Real Estate Transaction Disputes
What is the statute of limitations on a real estate transaction dispute in California?
It depends on the legal theory. Breach of written contract claims generally carry a four-year statute of limitations under California Code of Civil Procedure section 337. Fraud and misrepresentation claims are typically three years from discovery. Because the clock can start at different points depending on the facts, it's important to consult an attorney as soon as you believe a dispute exists — waiting rarely works in your favor.It depends on the legal theory. Breach of written contract claims generally carry a four-year statute of limitations under California Code of Civil Procedure section 337. Fraud and misrepresentation claims are typically three years from discovery. Because the clock can start at different points depending on the facts, it's important to consult an attorney as soon as you believe a dispute exists — waiting rarely works in your favor.Can I sue my real estate agent for a failed transaction?
Yes, in certain circumstances. If your agent failed to disclose a known material fact, misrepresented the property, failed to present offers, or otherwise breached their fiduciary duty, you may have a viable claim. The strength of that claim depends on what the agent knew, what they were required to disclose, and how their conduct affected the transaction outcome.Yes, in certain circumstances. If your agent failed to disclose a known material fact, misrepresented the property, failed to present offers, or otherwise breached their fiduciary duty, you may have a viable claim. The strength of that claim depends on what the agent knew, what they were required to disclose, and how their conduct affected the transaction outcome.What if both parties agreed to cancel the contract — can there still be a dispute?
Yes. Cancellation agreements can themselves be disputed, particularly over the disposition of the earnest money deposit. If the cancellation terms were not clearly documented or one party is now contesting what was agreed, that can become its own legal matter.Yes. Cancellation agreements can themselves be disputed, particularly over the disposition of the earnest money deposit. If the cancellation terms were not clearly documented or one party is now contesting what was agreed, that can become its own legal matter.Do most real estate transaction disputes settle out of court?
Many do, particularly when both parties have clear documentation of the transaction and the breach. We approach every case with resolution in mind where it's achievable — litigation is expensive for everyone, and we don't recommend it when a negotiated outcome is realistic. That said, we prepare every case as if it will go to trial, because the credibility of that preparation is often what moves the other side toward settlement.Many do, particularly when both parties have clear documentation of the transaction and the breach. We approach every case with resolution in mind where it's achievable — litigation is expensive for everyone, and we don't recommend it when a negotiated outcome is realistic. That said, we prepare every case as if it will go to trial, because the credibility of that preparation is often what moves the other side toward settlement.How is a real estate transaction dispute different from a disclosure dispute?
The two often overlap, but they're distinct categories. A disclosure dispute centers specifically on what was known and not disclosed about the property's condition or legal status. A transaction dispute is broader — it can include disclosure failures but also covers contract breaches, earnest money conflicts, escrow errors, contingency disputes, and failed closings that have nothing to do with property condition. If you're unsure which applies to your situation, we can help you sort that out in an initial conversation.The two often overlap, but they're distinct categories. A disclosure dispute centers specifically on what was known and not disclosed about the property's condition or legal status. A transaction dispute is broader — it can include disclosure failures but also covers contract breaches, earnest money conflicts, escrow errors, contingency disputes, and failed closings that have nothing to do with property condition. If you're unsure which applies to your situation, we can help you sort that out in an initial conversation.
Speak With a Real Estate Transaction Dispute Attorney
A failed real estate transaction doesn't have to mean accepting your losses. Whether you're a buyer who was misled, a seller facing an unfair claim, or a broker dealing with a professional dispute, Potier Law Group has the litigation experience and the industry background to represent you effectively. Contact our Long Beach office to schedule a consultation — we'll review your situation and give you a direct, honest assessment of your options.
Call Potier Law Group:
562-986-9900
You'll hear back from an attorney — not an assistant — the same day.
