Featured News 2016 Common Real Estate Disputes

Common Real Estate Disputes

Sometimes people get along beautifully, and sometimes they don't. Even when both sides have the best intentions, disagreements can arise and real estate is not immune to such disputes. Real estate disputes come in many varieties, some of which are big, and some that are small.

For instance, one dispute may involve a seller who disclosed that a basement has a tendency to leak only half an inch during bad weather, when in reality the basement fills to four feet every winter.

Or, the homeowner failed to mention that the septic system happens to be located on the next-door neighbor's property. In another case, a landlord and tenant are battling over a security deposit.

Common real estate disputes involve:

  • Liens
  • Purchase agreements
  • Easements
  • Views
  • Leases
  • Breach of contract
  • HOA fees
  • Noise
  • Canceled listings
  • Non-disclosures
  • Boundary lines
  • Construction disputes

The majority of real estate transactions are completed with the buyers and sellers walking away from the deal satisfied. However, when there is a dispute, there are options.

Negotiation
Sometimes the parties settle their dispute through negotiation. This can be done face-to-face with the help of each party's authorized representative, such as a qualified real estate attorney. Negotiations are conducted outside of the court system and are not required to conform to any formal court rules or procedures.

Litigation
Litigation is an adversarial process where the opposing parties rely on a judge to render a decision.

Arbitration
Similar to litigation, a neutral third person (the arbitrator) renders a decision. Unlike a trial, arbitration is private and not conducted under the rules and procedures of the courts.

Mediation
Mediation is a non-adversarial process; the parties do not argue and allow a judge or arbitrator to decide for them. Instead, the mediator assists the parties in achieving a fair and reasonable solution for their dispute.

If you need a real estate attorney to help you resolve your conflict, scroll through our directory to contact one today!

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