REAL ESTATE LAW
 
 
  Practice Areas
  Purchase & Sale Transaction Issues
  For Sale By Owner Assistance
   
  Leasing Issues
  Landlord-Tenant Issues
  Eviction Service
   
  Real Estate Agent & Broker Issues
  Mortgage Broker & Lender Issues
 
  Escrow/Title Company Issues
  Ownership & Title Issues
 
  Property Use & Development Issues
  Design & Construction Issues
  Environmental Issues
   
  Homeowners' Association Issues
 




(408) 354-1414
  (408) 354-1414


REAL ESTATE AGENT & BROKER ISSUES

The San Jose real estate law office of Mike Hogan provides legal advisory and dispute resolution services (mediation/arbitration) regarding issues and disputes which involve real estate agents/brokers. San Jose real estate attorney Mike Hogan is more than an attorney who is keenly focused and knows real estate law, heís also been a licensed real estate broker for more than 25 years with transactional experience as a residential and commercial real estate broker. He has been involved in more than 600 residential real estate sales transactions including single family homes and apartment buildings. His commercial real estate experience includes several hundred lease transactions including office, warehouse, manufacturing, and R & D properties located throughout the U.S. and internationally (Scotland, Netherlands, England, Ireland, France, Germany, Israel, Korea, Taiwan, and Japan). San Jose real estate lawyer Mike Hoganís qualifications and experience as both a real estate broker and real estate attorney make him superbly qualified to prosecute claims against agents/brokers or to defend agents/brokers against invalid claims, including license defense against actions by the Department of Real Estate (DRE).

How Can Real Estate Attorney Mike Hogan Help You?
In Transactions:  Prepares and Reviews Agreements

The best way to minimize the odds of a future legal issue or dispute between buyers, sellers, landlords, or tenants, and their real estate agent/broker is by use of thorough, clearly understandable, commission and listing agreements. Mike Hogan will assist you in the preparation of these commission and listing agreements to ensure a smooth, clearly understood, and legally binding relationship. If the paperwork has already been prepared, Mike can review it and advise you of any concerns or changes which should be implemented to protect your legal interests and minimize the chances of a future legal dispute. Mike Hogan represents buyers, sellers, landlords, tenants, real estate agents/brokers, and others in the preparation and/or review of:

• Listing Agreements • Cancellation of Listing Agreements
• Commission Agreements • Other Related Documents

When Disputes  Arise: 
Represents You in Alternative Dispute Resolution or Litigation

The first thing you need to know when confronting a legal dispute is where you stand in relation to the other parties. San Jose real estate lawyer Mike Hogan will give you an honest and realistic evaluation of your rights and responsibilities as well as the associated risks so that you fully understand the legal ramifications of your particular situation, including your chances of success.

Although litigation is always an option, it should be one of last resort as it is often the most expensive path to resolution. Instead, with your consent, Mike first seeks out a negotiated settlement to your dispute through negotiation and, if necessary, use of alternative dispute resolution techniques such as mediation or arbitration which often provide quicker and more cost effective dispute resolution when compared to litigation.

In the event that negotiation and alternative dispute resolution fail, leaving litigation as the only means to resolution, it is critical that it be done with the services of an aggressive attorney, one who will relentlessly represent your interests. San Jose real estate lawyer Mike Hogan will provide you with such representation.

Holding Agents/Brokers Accountable
Real estate agents/brokers who perform negligently or who omit or misrepresent material facts regarding property condition and other matters should be held accountable. This accountability includes seeking damages from the agent/broker as well as filing a complaint with the Department of Real Estate seeking disciplinary action against the agent/broker. San Jose real estate attorney Mike Hoganís experience as a licensed real estate broker for over 25 years has allowed him to develop an in-depth knowledge of the legal duties an agent/broker owes his/her clientele. San Jose real estate attorney Mike Hogan will provide you with aggressive representation in seeking redress against such agents/brokers.

Defending Agents/Brokers
Agents/brokers are sometimes wrongly accused of negligence or omission or misrepresentation of material facts. These charges can be very serious as they expose agents/brokers to significant liabilities as well as the possibility of losing the right to practice their profession as a result of license forfeiture. San Jose real estate attorney Mike Hoganís experience as a licensed real estate broker for over 25 years has allowed him to develop a keen understanding of the problems faced by practicing agents/brokers. This experience has provided him with first-hand knowledge of what it is like to be in an agentís/brokerís shoes as he has been involved in over 600 purchase and sale transactions and several hundred leasing transactions Ė all as a real estate broker. San Jose real estate lawyer Mike Hogan will aggressively defend you against unwarranted claims.

Typical Areas of Dispute involving Agents/Brokers
San Jose real estate attorney Mike Hogan can represent you in real estate agent/broker disputes. Areas of practice include:

• Commission Issues

• Negligence

• Listing Agreement Issues • Inadequate Representation by
• Purchase Contract Issues

  Agent/Broker

• Purchase Deposit Issues • Conflict of Interest by Agent/Broker
• Trust Account Violations • Undisclosed Dual Agency
• Bad Faith Closing Estimate • Undisclosed Commissions, Fees,
• Misrepresentation (Fraud)   Profits
• Misrepresentation of Property Value • Unlicensed Agent/Broker Activity
• Unwarranted Buyer/Seller Claims • License Defense before Department of
• Agent/Broker Liability   Real Estate
  • Other Related Issues

Failure to Disclose/Misrepresentation of Property Condition:

• Property Defects

• Incorrect Square Footage

• Unpermitted Construction • Environmental Issues
• Building Code Violations

• Property Line Disputes

• Zoning Law Violations • Undisclosed Litigation
• Undisclosed Neighbor Disputes • Undisclosed Inspection Reports


(408) 354-1414