Most Common Types of Real Estate Litigation
It is normal for a conflict to arise especially when it comes to real estate property. One of the instances where dispute may arise is in a case where the buyer claim that all the information about the real estate property in question was not availed to him or her. 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. The legal redress comes to clear doubts and conflict on the issue of ownership.
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 real estate agents are supposed to hold high standard of conduct, some tend to violate the code of conduct and find themselves trying to make a kill from a buyer or a seller. There is always monetary loss in a case where real estate agents and brokers break the code of conduct. Once in a while, there tend to arise claims of errors and omissions, fiduciary duty or even undue pressure to buy.
Neighbors dispute 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. Among other issues that may lead to conflict include nuisance, fences, boundaries as well as zoning. 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.
Foreclosure may also demand legal redress. The lenders tend to rely on the judicial or contractual foreclosure solutions especially against owners who breach the payment agreement. There is need for proper and legal procedure to be carried out for the foreclosure to end in the sale of the property.
Condemnation also tend to call 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. You would need to make sure that you go for experienced lawyers. The law firm should also be in a position to litigate where necessary and also keep you off trouble and possible losses.
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