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Legal Disputes You Must Know When Investing In Real Estate

On Behalf of | Mar 26, 2015 | Articles

There are many legal disputes that can arise regarding real estate. Sometimes, a real estate litigation case might arise as a result of a purchase and sale contract, whereas other times, they may be regarding claims involving a breach of fiduciary duty, partnership disputes, property insurance, commercial leases, or property tax assessments. Whatever your issue in the realm of real estate litigation, you will need the help of an experienced lawyer to help you deal with matters quickly and effectively. Some of the most common areas that are usually involved in real estate litigation include:

  • Construction defects and developer liability
  • Real estate contract disputes
  • Agent malpractice
  • Escrow disputes
  • Neighbor disputes
  • Insurance disputes

The Most Common Kinds of Litigation

Issues regarding the contracts that are used to buy and sell real estate are one of the most common areas in which real estate litigation may arise. There is a strong likelihood that disputes may occur as a result of language in the contract being too vague, or because both parties involved did not properly read the contract before it was officially established. Usually, a breach of contract can be settled outside of the court room, but if a single party does not agree with an out of court settlement, then both parties will have to take part in a hearing.

Many real estate litigators frequently become involved within disputes over easement rights, and boundary lines. Many homeowners may also engage a practice that handles real estate litigation for matters that arise regarding construction and design flaws that may have been obscured or hidden when they originally purchased the property in question. In instances such as these, claims against sub-contractors and contractors may also be pursued.

Real estate litigation can also take place in regards to construction contract issues. For example, in some cases, the real estate developer and contractor involved within a particular case may have issues regarding the quality of the finished work, or the scope of the project. If the issue that arises is a result of poor quality, then a professional lawyer will be required to gather evidence with the assistance of an expert in construction. Typically, the expert will examine the work in question and provide details to the court regarding what has been done.

Usually, if money has already been paid to the contractor in this situation, the hiring party may have that money returned to them, either fully or partially. On the other hand, if the contractor has not yet been paid, the judge will need to decide how much one party will have to pay the other.

Obtaining a Favorable Outcome

The objective of any litigation case for a lawyer is always to obtain a favorable outcome for their client. The right representation in contract disputes, partnership issues and fiduciary duty cases can end in judgments worth millions of dollars for the litigator’s clients. Generally, the litigators, or lawyers within a real estate matter will represent the buyer or potential buyer of a piece of real estate. Within the milieu of real estate, land use restrictions can be litigated for clients such as owners of hotels, vineyards, and even property developers.

A Law Firm for You

When it comes to winning a real estate litigation case, certain skills are required for lawyers to obtain successful outcomes. Your lawyer should have experience in this area of law and deep knowledge of how to deal with real estate disputes. For further information real estate litigation, contact the experts at Makarem & Associates, via phone at 310.312.0299, or email at [email protected].