Real Estate Law in Delaware
What Is Real Estate Law?
Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home.
Whether or not you are a property owner or tenant, you have rights under Delaware real estate law. Not all residential and commercial real estate transactions execute perfectly. Sometimes unexpected issues can occur such as property rights, access, liabilities, and more. Furthermore, legal matters involving real estate transactions are often complex and are not just limited to the property owners.
Types of Real Estate Law Disputes
Disputes involving real estate in Delaware are very common and some of them are quite complex. They often require the intervention of the courts. Typically courts are seen as the most biased party. Learn more about the different types of real estate disputes below.
Escrow Deposit
If you decide to purchase any Delaware property, there are certain steps anyone who is involved must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.
Easement Real Estate Dispute
Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Delaware property deeds.
For example, a neighbor may feel they have the right to access a portion of your property because a previous owner allowed them to for years. One step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Landlord/Tenant
Disputes often arise when Delaware landlords and tenants cannot agree on repairs, rent arrears, and more. Tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other.
Under Delaware Code, the landlord must provide a rental unit that shall not endanger the health, welfare, or safety of the tenants. For example, the landlord must supply hot water, heat, and electricity to the tenant. As well, landlords must maintain the rental units and all common grounds in sanitary, working condition. Additionally, a landlord cannot charge a late fee within the five-day grace period for rent payment. Furthermore, If the landlord does not return the security deposit within 20 days of the termination, the tenant may seek the return of double the security deposit.
Contract Breaches
In , a real estate transaction is not enforceable without a valid contract. However, not all contracts meet the necessary legal standards. The requirements for a valid real estate agreement can vary by state, and missing key elements or using vague, unclear language often leads to disputes between buyers and sellers.
Real estate contracts are legally binding documents, and any breach can create significant issues. To protect yourself, always ensure the contract is complete, clearly written, and mutually beneficial. Entering into a transaction without a properly drafted contract can expose you to unnecessary risks and complications.
Fraud/Omissions
Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with Delaware real estate lawyers to straighten things out.
According to the Delaware Attorney General, timeshare reselling fraud is in Delaware’s Top 10 Scams of 2020. Specifically, a person pretending to be a real estate broker pressures timeshare owners into paying an upfront fee, but never delivers a buyer. Delaware Code governs laws relating to real estate brokers, prohibited trade practices, and a seller’s disclosure of the condition of real property. Specifically, no person can misrepresent their qualifications for providing real estate services if they have not been licensed by the state. In addition, any seller must disclose to the buyer in writing all material defects of the property that are known before the time of final settlement.
Boundary Lines
Property line disagreements usually occur when adjoining Delaware property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some Delaware property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.
Ownership
Determining the rightful owner of a property in Delaware is not always easy. For instance ownership issues are common when an owner verbally transfers ownership without documentation. Or, when someone bequeaths their real estate to another without going through the proper process. There can also be other parties with ownership rights, such as certain lien holders.
Liens
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be clear before you can secure a mortgage or financing.
In Delaware, a judgment lien stays attached to the debtor’s property for 10 years. Under Delaware Code, a judgment lien can be renewed for a further 10-year term. This rule holds even if the property changes hands.
What Should You Do If You Are in a Real Estate Dispute in Delaware?
If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, it’s best to speak with an experienced Delaware real estate lawyer. Regardless of the issues you are facing, you can benefit from having legal guidance.
Learn About Real Estate Law
Delaware real estate law is quite complex. You need to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney in Delaware
Real estate disputes make up the majority of litigation cases. Still, not all issues require you to go to trial. You should work with Delaware lawyers that have the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.
Get the legal help you need now. We help Delaware landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Delaware state lines.
Submit a request online or call us today at (866) 345-6784 to speak with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.
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