Real Estate Litigation

Disputes and Lawsuits Related to Real Estate Agreements & Transactions

When a real estate transaction goes awry or a dispute arises related to a real estate contract or similar issue, litigation may result. One of the most important steps to take in the face of a lawsuit or dispute of any kind is to discuss one's options with a real estate lawyer. Because this is a legal matter, professional help may prove invaluable as you seek to take the best course of action to preserve your financial interests and legal rights. Real estate litigation may arise due to a construction defect, landlord-tenant dispute, title defect or similar situation.

Avoiding Litigation
Perhaps one of the most valuable services an attorney can provide is to avoid litigation in the first place. A lawsuit is not only time consuming but may be expensive for all parties involved, and if negotiation can help disputing parties reach a viable resolution, this should be considered. Unfortunately, there are situations where no amount of negotiation, mediation or arbitration can avoid a courtroom battle. Aggressive and knowledgeable representation will therefore be crucial in the event that a real estate dispute goes to court.

Boundary Disputes
A boundary dispute involves a disagreement between two or more parties related to the boundaries of a property. Some types of boundary disputes may involve encroachment (crossing over into a neighbor's property), whether add-on structures or improvements interfere with a neighbor's property and even nuisances such as excessive noise, bright lights, smells or zoning problems. This type of real estate litigation may have serious consequences for you and your neighbor, so it is best to take a strategic approach with the help of an attorney.

Construction Defects and Delays
A developer, property owner, buyer or seller may have an issue with a construction dispute related to defects or delays. Any construction project, whether commercial or residential, has the potential to present complexities as a result of zoning issues, the scope of a project, unforeseen delays or additions, defects or an alleged breach of contract. When a dispute arises, it needs to be quickly addressed to avoid costly litigation. If litigation is inevitable, it is important to seek legal help to avoid serious financial losses.

Failure to Disclose Defects
As a homebuyer, you have the right to expect that the seller will disclose defects that may affect the value or use of the property. This applies in residential and commercial transactions. Whether you are facing a lawsuit related to a defect in a property you sold or wish to take legal action against a seller that you believe committed fraud through nondisclosure, you can receive helpful guidance from a real estate attorney. These types of claims may involve building code violations, roof leaks, electrical problems, plumbing issues, water damage and additions performed without proper permits.

Homeowners Association Disputes
Dealing with homeowners associations (HOAs) is notoriously difficult. While some disputes may be minor and more amusing than anything else, some are quite serious and may involve a homeowner being sued for noncompliance with HOA rules or regulations. If you're facing a lawsuit or any type of dispute with your homeowners association, make sure you discuss your options and rights with a local attorney who has experience in dealing with these specific issues.

Property Defects
As a seller or buyer, property defects are one of many issues you may have to deal with. In some cases, these may lead to real estate litigation. A seller may face legal action as a result of an alleged failure to disclose property defects, but buyers also have a responsibility to thoroughly inspect property before purchasing to ensure it is free from defects. Whether a dispute or lawsuit arises as a result of undisclosed property defects, construction defects or similar matters, an attorney may be able to provide helpful counsel.

Title Defects
Resolving a title defect can be complex, but it is important if you wish to ensure free and clear property ownership. Even a seemingly minor title defect may affect your ability to secure a loan to purchase the property or may affect your ability to sell property you already own. Title examination and the resolution of disputes and real estate litigation related to title defects are important services that real estate lawyers in your area may provide.

Facing real estate litigation? Move quickly to involve an attorney.

Whether you are facing the early stages of a real estate dispute or full-fledged lawsuit, you may benefit from involving an attorney. You have rights. You have options. An attorney who is skilled in handling real estate litigation can protect your rights and explain your options to help you properly approach this complex issue.

Find a real estate lawyer to help you with commercial or residential real estate litigation.