About This Course
The first thing we learned in law school is that if you don't have a written contract for real estate, you cannot seek to enforce an agreement concerning that real estate. No contract, no sale. But there is an exception to the rule: a constructive trust.
Unfortunately, constructive trust cases are often filed by family members with an axe to grind against other family members. An angry brother or sister can tie up your client's real property for years, based on nothing but a few conclusory pleadings.
Although some plaintiffs simply file constructive trust cases, they may not really understand what is necessary to get relief. Therefore a good defense litigator who knows the right questions to ask during depositions can often get the plaintiff to admit something seemingly innocuous, but will actually be the death knell for the plaintiff's case.
