Featured News 2019 How to File Your Real Estate Lawsuit

How to File Your Real Estate Lawsuit

If you want to file a real estate lawsuit, there is a specific process to follow for a successful case. First, it’s important to know when it’s appropriate to file a lawsuit. If you have a minor property dispute with your landlord or another person, your state’s Department of Real Estate (DRE) can likely help you. This department should help you decide if litigation will help your situation. To start this process, send a written complaint to your state’s DRE.

How to File a Department of Real Estate Complaint

To contact your state’s DRE, you should complete a licensee/sub-divider complaint. A form for this complaint can likely be found on your state’s DRE website. To speed the process along, identify if the person you are making a claim against is licensed in the state.

After reviewing your case, the DRE will assess if the issue you’ve brought to its attention is in violation of the law. If the DRE determines that there is a breach of law, the process to punish the accused party will begin. If they are not violating a criminal law, the DRE may advise if a civil lawsuit is a good option for your case.

What Happens After a Department of Real Estate Complaint?

The DRE may issue several methods of formal discipline to a party who has violated the law. First, the DRE may suspend or restrict any special licenses that the person holds. This action can severely restrict the other party from operating their business. If a person does not hold a license, such as a landlord, they will be issued an Order to Desist and Refrain by the DRE. This order will stop the person from continuing their unlawful practices.

What About Civil Cases?

Your state’s Department of Real Estate is only able to issue specific punishments and cannot force a person to pay you monetary compensation. Any financial concerns and lawsuits will need to be handled through the state courts and a judge must decide on a verdict. Cases with $1,000 in claims or less should be taken to your local small claims court. Issues with a greater monetary value, or ones that require a more complex decision, should be brought to a real estate attorney for assistance. A qualified real estate attorney will evaluate your case and fight for the outcome that you deserve after being wronged.

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