Real estate litigation is a legal dispute over a matter related to real property and it can have a variety of causes. Some of the most common are briefly described below.
Breach of Contract: Parties enter into real estate agreements, or contracts, on a regular basis. When one of those parties does not adhere to the terms of the contract, the other party may sue for a breach of contract. It is imperative that when you sign a contract you understand what exactly you are agreeing to. This means reading the entire contract, even the tiny print. In order to avoid any problems in the future, it is a good idea to speak with a real estate attorney before signing a real estate contract. The attorney can advise you of any concerning issues with the contract, what is expected of you under the terms of the contract, and what you can expect of the other party or parties.
Dispute Over Boundaries: Every property has a boundary, where ownership of one party ends and ownership of another party begins. Often, there is confusion over the exact location of a boundary line, which leads to litigation. Sometimes, neighbors have been operating under the assumption that the property line is something different than what is registered in the county where the property is located. A quiet title action is the correct way to settle a boundary dispute. Before purchasing a piece of property, it is best to have a survey completed so that you know exactly where the boundaries are and if there are any encroachments on the property.
Partition: Partition actions are unique in that the party bringing the action is not necessarily alleging that any other party has done anything wrong. These actions are often used when a property has more than one owner, and the different owners no longer wish to be co-owners. One party may want to buy out the others, or all parties may want to sell the property and split the proceeds. The court may also conduct an accounting so that it can accurately determine if one party deserves more proceeds than another.
Real Estate Fraud: Real estate fraud occurs when one party misrepresents information to the other, causing them to rely on bad information, and then they suffer damages because of it. For example, if you are purchasing a piece of real estate to build a home, you need to know if the property can support a septic system. Let's say the selling party gives you documentation that the land has passed a PERC test, which means that a septic system can be installed. You rely on that documentation and purchase the property. However, after closing, you find out the PERC test documentation was falsified, and the property cannot support a septic system. In this scenario, you would have a case for real estate fraud.
Quiet Title: When there is a question as to who the proper owner of a piece of property is, a quiet title action is often brought to settle the matter. A quiet title action allows the court to look at the evidence and determine the correct owner. Quiet title actions are used for boundary disputes, adverse possession cases, or when ownership of property needs to be determined.
How Can a Real Estate Litigation Lawyer Help Your Case?
Litigation can be overwhelming. For someone who has no experience, the rules of procedure alone can be intimidating, let alone building, supporting, and persuasively arguing your case. A litigation attorney in real estate offers real benefits, which include.
- Determining the right legal action to take
- Interpreting any contracts and/or legal action against you
- Obtaining additional and relevant documentation you may not possess yourself
- Drafting documents needed to move your case toward a resolution
- Corresponding effectively with other parties, particularly their attorneys, to negotiate a settlement or non-trial resolution
- Taking the proper steps to bring a case to court or counter a case brought against you in case a non-trial resolution is not reached
- Oversee your case from start to finish
- Defend your rights and protect your interests
A real estate dispute can be all-consuming. Retaining competent legal counsel may be the best way – both for you and your business – to resolve your real estate problem.
At Harrah Law, we litigate when necessary and settle when it is in our clients' best interests. Real estate disputes can become costly, and our real estate litigation lawyers use our resources wisely to procure the best possible outcome for you. Contact us today by calling: 816.897.6000.
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