December 18, 2018
When a Real Estate Dispute Lands You in Court
Truth be told, real estate disputes can be troublesome actions. Unfortunately, they can start as early as the sales contract. However, they don’t necessarily stop there. Real property issues can also include property line disputes, debates about easements and zoning problems.
Consider the following. You’ve found your dream home and are more than a little bit excited. In fact, if you had your way, you’d be in before the holidays. In the meantime, you’ve closed on your current property and moved in with your in-laws. It’s more than a little bit cramped, but it will work for a short time.
You and the seller have come to terms and entered into a residential sales contract. You start the various steps necessary to finalize the sale. This includes arranging for inspections, securing financing and title searches.
Seemingly out of nowhere, you get the news. The seller has changed their mind and decided to terminate the purchase agreement. After your initial shock, you realize the negative impact of the decision. Can something be done when a seller is in breach of contract?
The answer is that it depends on the terms spelled out in the sales agreement and the reason the seller wants to terminate. Did you fail to provide the requisite deposit in the proper amount of time? If so, the property owner may have every right to end the contract.
That said, a buyer or a seller may be in breach of contract for many other reasons. An experienced real estate attorney can assist you in determining whether or not you can pursue monetary damages if the terms of the residential sales agreement are not met.
Other Types of Real Estate Disputes
In a prior article, you learned the importance of title insurance. Real estate title disputes can be complicated and represent grave concerns. One common issue might include the discovery of unknown liens against the property incurred by prior owners. There could also be problems caused by human error in recording the deed or even forged documents.
Easement and boundary line disputes are also issues that become the subject of real estate court matters. Easements can range from right of way easements that allow others to access land that you consider your property. Utility companies may also assert easements.
On the other hand, boundary line disputes may come up when neighbors attempt to erect fences. Real estate litigation is also a possibility when there are claims of encroachment.
Do you have a claim concerning a real estate dispute? Mazzoni Karam Petorak & Valvano can help you. Contact us to discuss the particulars of your potential legal action.