Ventura County Real Estate Attorneys
Finally your questions answered and we’re with you every step of the way. The advantages of retaining a sole practitioner include the fact we know your case thoroughly — inside out and upside down. You and your case receive the close attention you know it deserves. We are thorough, knowledgeable and relentless. An added bonus is you always get to deal directly with the with the person that’s there to keep you safe.
Real Estate Law
Home is important. We believe it paramount to take the time to address each client’s individual needs and concerns involving real estate. We love the law, we love the research involved in finding the best possible solution and outcome for our clients — even after 36 years.
When choosing a lawyer, you want one who is honest, knows the law, is thorough, responsive and communicative. Especially when it comes to your or a loved one’s health. You want one who is reasonably priced, experienced, and will give you and your case the personalized service it deserves.
To help you identify when the lawyer’s actions are malpractice, consider the following:
The lawyer stopped working on your case. If the lawyer ignores your case and your concerns, there is a good chance that it is going to end up turning into malpractice.
During our years of working for insurance companies, we have amassed a wealth of experience. This makes us highly qualified to navigate and litigate the labyrinth of Insurance Law.
Real Estate and Medical Malpractice Articles
The statute of frauds requires that certain contracts be in writing, signed by the defendant. Those contracts included those dealing with land (this is including mortgages), performance taking more than a year, surety arrangements, and marital agreements. California...read more
Your Home Is Here
We have extensive experience with “Real Estate” Litigation. Our 36 years of practice also include years as insurance company counsel. This has resulted in extensive experience in the areas of Medical/Legal Malpractice, Wrongful Death, Insurance Bad Faith, and All Torts, such as personal injury, malicious prosecution, abuse of process, libel, slander, fraud, and interference with business.
Judges presiding over courtrooms have said Malcolm R. Tator is, “one of the top three attorneys in the county.” It has also been said of Malcolm R. Tator he can “locate laws no one else finds.”
REAL ESTATE FRAUD
Real estate fraud can be committed a number of ways. The most common is through a false statement on the required disclosure forms in California real estate sales. However, fraud can also be committed by an intentional omission from a partial revelation. Fraud can be committed without words by acts creating a false impression. Fraud can be committed by undue influence on a mentally weakened individual. Fraud can be committed by cheating someone out of an inheritance. Interestingly fraud can also be committed by entering a contract with no intention of performing.
Medical malpractice isn’t proved by just a bad result or a mistake committed by a doctor. It must involve an unreasonable mistake that wouldn’t be made by a reasonably careful physician, nurse, or chiropractor, etc. in similar circumstances. Usually medical malpractice must be proved through testimony of an expert witness, but there are two main exceptions. The first is the common sense exception where a jury would know whether something was done improperly without an expert, such as leaving a clamp or a sponge in a patient, or sometimes failing to take x-rays. (Note courts are very austere in applying the exception.) The other main exception is the failure of a doctor, etc. to gain the informed consent of a patient by not revealing something an average patient would want to know.
Legal malpractice results when a client is damaged and would have obtained a better result, if an attorney had acted as a reasonably careful attorney would have acted. The malpractice can be in litigation or it can be in a transaction arranged by the attorney. It can result by failure to communicate with the client. It can result from lacking learning and skill in an area of law. It can result from the failure to investigate or to attend hearings. It can arise from the failure to file or serve a complaint. It can arise from abandonment of a client. It can arise from failing to adequately supervise subordinates. However, just because an attorney made a mistake, does not establish that he/she committed malpractice. Remember it must be a mistake careful attorneys would not make.
INSURANCE COMPANY LIABILITY
An insurance company can be liable to its insured in a number of ways. The obvious way is failing to pay a claim it owes. However there are other ways. For instance, an extremely important benefit of a homeowner’s, business, or automobile policy is the duty of the insurance company to defend its insured in negligence cases brought by third parties. In some instances, that duty even extends to charges of intentional wrongs done by the insured. The carrier can be liable for failure to defend its insured. An insurance company can also be liable when it injures its insured through unreasonable conduct. For instance, an insurance company can be liable to its insured for failing to settle a case against the insured. Sometimes it can be liable for delay in settlement It can be liable for failure to investigate claims thoroughly. It can be liable for failing to evaluate a claim objectively. It can be liable for favoring one insured over another. It can be liable for abusive conduct such as intimidating witnesses, misrepresenting coverage, taking a hostile attitude, making groundless accusations, threatening to rescind a policy, or arbitrarily cutting off benefits.
Watch out for scams suggesting banks are making fraudulent loans by not signing a Deed of Trust. Only the lendee, not the lender, needs to sign. Don't pay $3500 for someone to make a claim to the Department of Justice.read more
Ladies, don't let your husbands or boyfriends be the only one's on title. To prove your co-ownership often requires an extra heavy burden of proof.read more
Before hiring an attorney, check whether he or she has malpractice insurance. If the attorney doesn't, that has three bad implications. First, it may indicate carelessness. Second, it may indicate a bad track record, so that the attorney can't get affordable...read more
Lenders can be bound by their commitments to finance real estate mortgages, if those commitments are in writing identifying the sender as a manager for the lender. It's a jungle out there and we can guide you through.read more
Under the Statute of Frauds, real estate agreements must be signed by the party against whom they are sought to be enforced. However, the subscription need not be a "wet" signature. A preprinted one will do. A subscription also need not be at the end. It can be at...read more
Compromising a real estate claim by an agent requires two things. First is a writing signed by the person for whom the agent is acting giving the agent the power to settle on his behalf. Second a writing signed by the agent settling the...read more
A contract need not be embodied in just one document. A contract may be formed by a series of documents, such as an application, correspondence going back and forth, and then an affirmative...read more
Beware of the statute of limitations in malpractice cases. Generally it's only one year from when a person suspects or a reasonable person would suspect that he has an injury cause by wrongdoing. In the case of a governmental employee causing the injury, the time...read more
Usually in compromising liens on personal injury/malpractice e settlement, a creditor must pay its proportion of the attorney's fees. Such that the client is not forced to pay the attorney to collect reimbursement for instance, for the client's medical insurance...read more