Real Estate

We can help you with any real estate legal situation you are facing.

We have a very successful track record in all aspects of real estate, development, construction and property management.  We help property managers, brokers, companies and individuals with their real estate development, sales and leasing matters, as well as with their financing, investment acquisitions and dispositions.  Our team is well-versed in transactions dealing with Section 1031 exchanges.  We represent buyers and sellers and have a successful history with structuring complex transactions.


de la Peña & Holiday has prevailed for our clients with many victories in jury trials as well as successful arbitrations and mediations. Each of our lawyers has extensive experience representing owners, contractors, developers, builders and their insurers in this complex and dynamic area of the law.


Some of the most complex lawsuits are real estate cases. No matter the complexity, our attorneys have prosecuted and defended cases relating to every aspect of real estate, including:

  • Boundary disputes
  • Broker commission disputes
  • Commercial and residential construction disputes
  • Homeowner association disputes
  • Interpretation of real estate contracts
  • Mechanics’ lien claims
  • Purchase and sale transactions
  • Real estate broker defense
  • Rent control disputes
  • Seller and/or broker misrepresentation
  • Tenancy in common disputes
  • Title insurance and escrow problems
  • Unlawful detainer/eviction


Our real estate litigators counsel clients to avoid litigation and represent clients in alternative forms of dispute resolution such as mediation and arbitration whenever possible. We also work closely with expert consultants to identify and isolate issues giving rise to disputes and to determine early avenues for settlement. de la Peña & Holiday attorneys have been able to successfully resolve even highly complex construction defect cases centering on structural, electrical or engineering flaws, roofing and framing defects, soil, foundation and grading problems through mediation and arbitration.


Whether as limited partnerships, corporations or limited liability companies (LLCs), successful development and ownership of real estate involves the careful assessment of tax issues when entities are formed. Our attorneys work closely with clients and their CPAs to ensure that our clients’ investments are optimized, both in terms of liability and tax matters. We counsel clients to pay attention to the rights and obligations of partners to each other. These matters include buy-out provisions, restrictions on transfer, and capital account issues. We also work closely with our developer clients to secure financing packages of almost any size.


We provide clients with skilled and confident negotiation of commercial, industrial and residential leases. Whether you are a landlord or tenant, we provide business counseling to our clients as to the marketplace conditions and the nuances of lease clauses that may have substantial economic impact. When necessary, our team excels in resolving lease disputes, whether through alternative dispute resolution (ADR) or litigation.


de la Peña & Holiday has experienced lawyers who represent condominium homeowners’ associations (HOA) throughout Northern California. Representation includes the initial setup and structure, counseling the new homeowner boards on operation of the association, and dealing with CC&R violations. We also have extensive experience representing HOAs in litigation.