Common Real Estate Litigation Types You Should Know
Even when you buy or sell a real estate property with the utmost caution, there are still chances of dispute that may demand legal redress. One of the possible sources of conflict is in a situation where the seller did not disclose some of the information about the real estate property in question. The buyer may feel that there are issues that may make him or her incur costs and hence seek legal redress. Litigation may also be necessary in a case where there are ownership issues. A legal redress comes in to have the judge settle those claims with the intention of validating them or invalidating them and hence making the transactions possible.
In the same manner, litigation may come in in a case where there is dispute between the buyer and the seller, the buyer and the real estate agents or broker or even the seller and the real estate brokers and agents. It is essential to note that real estate property brokers are supposed to hold a high standard of conduct but some tend to go against these standards. Their clients tend to suffer losses as a result. It is also common to experience errors and omissions, undue pressure to buy as well as fiduciary duty.
Dispute with the neighbors may be yet another reason that may lead to litigation. It is common for easement matters to arise between the property owner and neighbors or even with local government utilities. Neighbors may also have a dispute over a nuisance, boundaries, fences as well as zoning issues. Litigation may arise in a case where the government demands the developers as well as homeowners to abide by the legal use restrictions with the intention of obtaining permits or even when seeking the enforcement of zoning laws against unlawful uses claims.
One would also need to note that foreclosure may be another reason for litigation. A lender tends to rely on the terms of the contract which when broken may call for legal redress. One as a real estate owner may demand the legal procedure in a case of a foreclosure.
Condemnation may be yet another reason for litigation. In a case where the government demands to acquire your real estate property, you may need a lawyer to make sure that you are fairly compensated. The owner may need to seek compensation in a case where the government through enforcement, lawmaking or policy takes private property.
Any time you need litigation, the law firm you work with is critical in your success in the court of law. It would be critical for one to make sure that he or she works with the best attorney. The law firm should also be in a position to litigate where necessary and also keep you off trouble and possible losses.