Legal Question in Real Estate Law in California

Hi, need your help please.

We are going for mediation with the sellers of our home that we purchased a couple of years back. We have a bunch of issues related to the property that we want to discuss during the mediation.

We are looking for an expert to set damages against each issue so we can present them during the mediation.

Question:

- Who should we approach that can best help us set a value against each of these material issues? Do you know someone who is good at this?

- Can a real estate lawyer help to set the damages or do we need a professional appraiser that can do this for us?

Thanks for your time.


Asked on 3/18/10, 5:09 pm

2 Answers from Attorneys

Whether a lawyer or an appraiser would be better for your purpose here depends on what the material issues are. If they are the type of issues that normally go to trial and even appeal, a lawyer can research what juries have awarded for similar issues. If the issues go to the value of the property, such as title issues or undisclosed issues that diminish the value of the property such as misrepresented lot size or undisclosed use restrictions, then an appraiser would be best. If the issues are defects in the structures, then a contractor's estimate of repair costs would be best.

It sounds like you are planning to conduct this mediation without having attorneys represent you, which I think more people should do when they have a good mediator. It also sounds like you have some issues, however, that you could use some guidance on from an attorney before going into the mediation. I have office facilities in Palo Alto and Sunnyvale, and would be happy to sit down with you for a free half hour to go over your issues and make some recommendations. Then if you feel you would benefit from having my help preparing for the mediation, we can make arrangements for me to provide that service.

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Answered on 3/23/10, 5:40 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Don't go to mediation without an attorney. Retaining a good attorney will be profitable even with their attorneys' fees, so you are not saving anything by going without one.

You should contact me for a consultation.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

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Answered on 3/24/10, 7:28 pm


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