Malcolm Sher 4 Mediated Solutions

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Mediation and Arbitration | Walnut Creek, CACASE EXPERIENCE

More than 70% of the hundreds of alternative resolution disputes I have mediated involve parties from diverse cultural or ethnic backgrounds. Because much of my mediation practice focuses on the resolution of disputes involving real property, purchase and sale agreements, landlord/tenant, construction, business torts, partnership, contract and the professional liability of real estate brokers, lawyers and CPAs, I call it, “Dirt, buildings and the people who handle them.” I also specialize in wills/trusts, elder abuse, wrongful termination, workplace discrimination and sex harassment, wage-and-hour disputes and auto accidents. The following are some specific categories:

Buyer-Seller, Lender, Title and Escrow Disputes

  • Formation of business and real estate contracts, including cross-cultural influences in negotiations
  • Breach of contract
  • Quiet title actions
  • Non-disclosure and misrepresentation in contract, partnership and real property matters
  • Rescission and other equitable remedies
  • Lender and borrower rights and obligations
  • Housing discrimination and ADA claims
  • Title insurance and escrow liability

Co-owner Disputes

  • Tenancy-in-common, joint tenancy and quiet title actions involving real property
  • Partnership, joint venture formation, dissolution and accounting
  • Partition actions and related accounting issues
  • Family property and business disputes in the context of marital dissolution
  • LGBTQ, common law/cohabitation and cross-cultural property disputes
  • Inheritance disputes between siblings or involving unrelated parties
  • Financial elder abuse

Landlord-Tenant Disputes

  • Commercial, residential and industrial lease disputes and unlawful evictions
  • Habitability cases involving residential and rent-controlled property
  • Tenant improvements

Inheritance Disputes

  • Probate, will contests and trust disputes
  • Financial elder abuse and dependency cases

Professional Liability Claims Involving Real Property

  • Real estate broker and mortgage broker negligence, breach of fiduciary duty and fraud
  • Attorney malpractice arising from transactions, contract/will drafting and real property litigation
  • CPA malpractice and accounting claims arising from structuring real property transactions
  • Broker/client and broker/broker commission disputes

Homeowner Associations, Condominiums and Planned Unity Developments

  • Enforcement of CC & Rs, including HOA v. homeowners and disputes among homeowners

Construction Defects

  • Claims against general and sub-contractors and related insurance and coverage issues
  • Home Improvement Contract disputes between contractors and homeowners

Other Real Property and Related Tort Claims

  • Easement, boundary, encroachment and trespass disputes involving neighbors
  • Landslide and subjacent support claims
  • Destruction of trees and elimination of views
  • Slip/trip and fall and other personal injury occurring on real property
  • Property damage claims

Malcolm Sher

 Sher attended Holborn College of Law London University (L.L.B [Hons.] 1969), and has more than 40 years as a civil litigator and trial lawyer, emphasizing real estate, landlord/tenant, trusts/estates, elder abuse, construction defect, commercial, business, labor and employment, professional liability of real estate agents and brokers, attorneys, accountants, and design professionals, personal injury, (including auto, premises liability and product liability.)

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Malcolm Sher 4 Mediated Solutions
Malcolm Sher, Esq.
3494 Camino Tassajara #431
Danville, CA 94506

Phone: (925) 906-0990


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  • Testimonials
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