What Is a Real Estate Dispute?
Are you getting ready to buy or sell property? Are you involved in a property or real estate dispute? Maybe you need help getting your landlord to make repairs to the home.
You have rights as a property owner or tenant. After all, unexpected errors can happen in residential and commercial real estate transactions.
Moreover, disputes are not limited to property owners. Developers, property managers, investors, renters, and lenders have unique concerns. Access, liabilities, property rights, damage, easements, and insurance claims demand legal help.
Types of Real Estate Law Disputes
Disputes involving real estate are common and complex. They often need the intervention of the local court system.
Do one or more of the following types of real estate disputes apply to your situation? Then you may need an attorney by your side.
Escrow Deposit
Creating an escrow account is essential to buying property. However, disputes can happen when the closing process fails. The buyer and seller may differ on what happens to the earnest money or escrow funds.
Easement Real Estate Dispute
Easement disputes are common between neighbors when property changes ownership.
An easement allows someone access to certain portions of your land. It is your choice and this arrangement is in property deeds.
Nonetheless, neighbors may feel they can access your property because of their agreement with the previous owner. Your real estate attorney may have to threaten or pursue litigation to resolve this misunderstanding.
Contract Breaches
The requirements for what to include in a valid real estate agreement vary from state to state. Regardless, documents without clear language often result in disputes over alleged breaches.
Boundary Lines
Property line disagreements occur when adjoining property owners do not respect boundaries. They can start with arguments over fencing, trees, and other seemingly simple concerns.
Sometimes these issues are due to a valid misunderstanding. After all, property lines are not always easy to define and records are not always accurate.
It is natural to feel you can take matters into your own hands, but doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.
Ownership
Ownership issues are common when an owner verbally transfers ownership without documentation. This may happen when someone bequeaths their real estate to another without going through the proper process. Additionally, lien holders may have ownership rights.
Unfortunately, determining the rightful owner of a property can be difficult. Many factors can become entangled in legal complications.
Fraud/Omissions
Sellers must disclose specific information about their properties. Despite this requirement, some unscrupulous sellers commit fraud by withholding important details.
Proving fraud in a real estate transaction can be an uphill battle. Consult a real estate lawyer to determine how to approach your case and clear this high legal bar.
Landlord/Tenant
Rent arrears, security deposit payments, right to possession, and more can cause legal headaches. Tenant and landlord laws are complex, and failing to adhere to them can cause either party to violate the rights of the other. A valid rental agreement and legal counsel are crucial.
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, they must clear before securing a mortgage or financing.
Work With an Experienced Real Estate Attorney
Not all issues require you to go to trial. You can work with a lawyer and find a resolution through negotiation or mediation. The courts may also include compensation and injunctions to prevent the issues from happening again.
Get the legal help you need now. We help landlords, renters, property owners, and more in resolving their real estate litigation concerns.
Submit a request online or call us today at (866) 345-6784 to speak to an experienced real estate lawyer!
