Real estate

representatives cases

Michael R. Diliberto, Esq.

mediator, arbitrator and Administrative Law Judge 

  • Breach of real estate sales agreement for failure to close escrow on commercial property and claim for deposit.

  • Nuisance claims against nightclub for allegedly violating zoning restrictions.

  • Claims by developer against Seller and broker for alleged misrepresentations concerning applicable zoning for proposed commercial development.

  • Fraud and misrepresentation claims based on sale of residential property to two different buyers by seller who fled town after making both sales.

  • Boundary line disputes involving residential and commercial property owners.

  • Property boundary line dispute for parcels of land in a real estate development located in Mexico. 

  • Action by school district against seller for failure to disclose hazardous substances on proposed site for school.  

  • Action by buyer of residential property against seller for failure to disclose flood hazard that occurred during heavy rains.

  • Variance issues for a shopping mall seeking permission to depart from the zoning ordinance requirements for proposed use of advertising and signage.

  • Issues involving shoring of hillside properties and landslide prevention.

  • Action by commercial landlord against tenant for failure to leave premises in “broom clean” condition.

  • Actions concerning “substantial destruction” and “partial destruction” of premises and whether lease is terminated.

  • Actions concerning casualty damage, and time frame for tenant to resume use of the premises and whether tenant must spend additional funds to return to normal business operations.

  • Actions involving requests for rent abatement by tenants.  

  • Actions by tenants for repairs to unit, and determining common area issues.

  • Actions by tenants for breach of warranty of possession (quiet enjoyment) of premises.

  • Action by multiple tenants alleging uninhabitable conditions at apartment building.

  • Investor partnership disputes over financing of residential and commercial properties.

  • Joint venture disputes concerning sale and purchase of commercial property.

  • Actions for breach of contract seeking return of escrow deposits for purchase of residential and commercial properties.

  • Actions seeking damages for breach of contract for purchase of residential and commercial properties.

  • Quiet title actions involving family members and friends, where one person obtains a real estate loan and title to the property in the name of another person who has better credit, with an expectation that the person on title will later transfer title back to the person with poor credit, who contends he or she is the true owner, and related issues of ownership claims arising from such arrangements.

  • Action between live-in domestic partners to determine ownership of property and allocation of proceeds and expenses, where one person sold her home and used the proceeds for a down payment on a new home purchased with the other partner, with an expectation of marriage that did not materialize.

  • Actions by banks and consumers against mortgage brokers for alleged fraudulent lending practices.

  • Action by homeowner against HOA alleging discrimination, improper assessments, and HOA’s failure to follow CC&Rs and Civil Code for pre-litigation dispute resolution.

  • Pre-litigation mediation involving a recorded lien against homeowner’s residence and non-judicial foreclosure proceedings to collect delinquent regular and special assessments against homeowner.

  • Actions concerning property damage and time frame for homeowner to resume use of the residence and whether owner must spend additional funds to restore habitable conditions.

  • Actions involving requests for assessment abatement by homeowners. 

  • Actions by homeowners disputing property damage and whether alleged damage occurred in the common area.

  • Actions by homeowners for breach of warranty of possession (quiet enjoyment) of premises.

  • Action by HOA against homeowner to remove a wall constructed by homeowner on his residence that exceeded the maximum height restriction of the HOA regulations.

  • Action by HOA against homeowner for constructing a residence that exceeded the maximum height restriction of the HOA regulations.

  • Action by adjoining landowner against HOA for wrongful removal of exotic trees.

  • Specific performance matters where a seller or buyer of land, residential property, or commercial property refuses to honor the terms of the contract.

  • Quiet title and partition actions to determine ownership of real property.

  • Eminent domain involving auto dealership property adjacent to freeway.

  • Eminent domain involving loss of business goodwill for equipment supply company that was required to relocate.

  • Eminent domain for a residential neighborhood, so that an upscale condominium development could be built on that land. Any home within the neighborhood was defined as “blighted” if it did not meet the criteria set by the municipality.

  • Action by buyer against seller of real property alleging breach of contract for construction and sale of real property.

  • Lottery winner claimed she was the victim of fraud and elder abuse by others who gained her trust and caused her to invest millions of dollars in real estate investments.

  • Claims for breach of fiduciary duty, negligence, fraud, and related claims brought by a real estate developer against a real estate broker. The broker’s MLS listing stated that the property was zoned LAR4, and allowed the buyer to build a multifamily building containing up to 16 units. After close of escrow, the buyer discovered that a General Plan Land Use contained restrictive zoning that took priority over the R4 zoning. As a result of the zoning conflict, buyer claimed damages for development fees incurred, lost profits for inability to develop the property as represented by the broker, and for the difference between the purchase price and the true value of the property.