Most Common Types of Real Estate Litigation
It is normal for a conflict to arise especially when it comes to real estate property. It is normal for dispute to arise after a sale is complete especially where the buyer alleges that the seller did not disclose some information about the property in question. The buyer may feel that the real estate property has structural issues that are so expensive for him or her and hence seek legal redress. Litigation may also be necessary where the ownership of the property is not clear. 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. Even while the realtors are supposed to hold high standard of conduct, some do not live up to such standards. Their clients tend to suffer losses as a result. Once in a while, there tend to arise claims of errors and omissions, fiduciary duty or even undue pressure to buy.
The need for litigation may also arise in a case where there is easement and neighbor disputes. The conflict may arise between one and the local government as well. There may be other issues that may lead to litigation which include zoning, boundaries, fences as well as nuisance. Once in a while, the government may demand one to meet some specific requirements for him or her to be issued with a permit.
Foreclosure may also demand legal redress. A lender relies on the agreement binding him and the estate owner and may seek legal redress in a case where he or she feels that the terms are violated. In a case where the lender demands foreclosure, the real estate owner would need to seek a legal and procedural foreclosure.
Litigation may also come in where there is condemnation. 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.
In case of a litigation, one would need to make sure that he or she works with the best lawyer in his or her locality. 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.