Real Estate/Commercial Litigation and Business Transactions


The attorneys at Niven & Smith, LLP are assertive, experienced professionals with an extensive and proven track record of providing litigation services to their clients.

The attorneys at Niven & Smith have the temperament, skill, and depth of understanding required to aggressively pursue their clients’ claims, and to vigorously defend their clients in the courtroom and wherever else a dispute arises.

This includes successful trial and litigation experience in contracts, torts, real estate litigation, and related arbitrated matters. If you have real estate, contract, or other litigation needs, you can address them effectively now by engaging the attorneys at Niven & Smith.

Real Estate and Brokerage Litigation

Niven & Smith’s attorneys have top-rated experience in all aspects of real estate and brokerage litigation. Niven & Smith has a respected reputation for expertly and successfully defending real estate brokers accused of breach of duty, and for pursuing and protecting the rights of buyers and sellers in real estate transaction litigation.

The firm has successfully assisted its clients in all aspects of transactional and brokerage litigation and defense, such as claims for damages from alleged non-disclosure violations, breach of contract, breach of fiduciary duty, negligence, statutory violations, and other related matter. Representative actions in which they have advocated for clients include:

  • Specific performance actions
  • Claims for damages for breach of contract
  • Escrow deposit disputes
  • Rescission and related accounting remedies
  • Partnership disputes and accountancy
  • Partition actions
  • Quiet title actions
  • Development disputes
  • Construction defect claims
  • Title and easement disputes
  • Boundary disputes
  • Title insurance actions
  • Landlord-tenant disputes

Commercial Real Estate Transactions

Commercial real estate transactions require knowledge of the law, the commercial lending business, and industry standards. The attorneys at Niven & Smith have sophisticated knowledge and understanding of commercial real estate, as well as salient experience dealing with governmental, real estate, and construction issues. They offer extensive experience in commercial real estate purchase and sale, title and escrow, financing and leasing transactions, and construction.

Residential Real Estate Transactions

Niven & Smith has the experience and knowledge to assist buyers, sellers, and brokers in the successful negotiation and conduct of residential real estate transactions. Their services include:

  • Drafting purchase and sale agreements
  • Addressing matters involving title and escrow, deeds, inspections, easements, and disclosures
  • Advocating for their clients’ interests in other matters that arise in residential real estate transactions in California

Expert advice from Niven & Smith can eliminate mistakes, avoid pitfalls and other issues, and give buyers, sellers, and brokers the confidence they need to conduct and complete successful transactions.

Business Law

At Niven & Smith, the experienced team of business lawyers represents their clients’ interests in a full range of matters, including:

  • Corporate, partnership, LLC, and other business entity formation
  • Entity contracts
  • Governing documents
  • Ongoing conduct of corporate and business management
  • Purchase and sale
  • Leasing
  • Entity ownership
  • Entity transactions
  • Title and escrow
  • Dissolution

In all of these matters, Niven & Smith offers a pragmatic approach combined with careful underlying analysis.

Alternative Dispute Resolution

Niven & Smith partner Stanley W. Smith has extensive experience as a mediator and arbitrator in a broad range of real estate and business disputes. He has served as a court-appointed referee in partition and partnership dissolution litigation.

The commercial litigation attorneys at Niven & Smith, LLP advocate for businesses in the Bay Area in a wide range of disputes and claims, and help them with a range of transactional matters. If you need help with a commercial matter, please contact the firm online or at (415) 981-5451 today to schedule a confidential consultation to see how our team can help you.