Examples Of Real Estate Litigation
Real estate litigation is a broad term used to describe all lawsuits involving (you guessed it) real estate. But if you’re not active in the real estate world, it can be difficult to picture what real estate litigation actually looks like. When might someone sue over a real estate dispute? What are some real-world examples of real estate litigation? And perhaps most importantly, what should you do if you face real estate litigation?
The answer to the latter question is easy: If you face real estate litigation of any kind, you should get in touch with a qualified, experienced real estate litigation attorney as soon as possible. These legal professionals can help you strive for the best possible results, guiding you towards a positive outcome with winning strategies. It’s best to get in touch with an attorney as soon as possible to get started with an effective action plan.
Disclosure of Defects
Sellers are legally required to disclose all notable defects. If they fail to do this and a buyer unwittingly purchases a property with serious issues, serious legal disputes can arise. For example, a seller might have hastily covered up mold with fresh drywall. Or perhaps they never informed the buyer that the foundations are crumbling (1). In order for the buyer to be successful, they must prove that the buyer was aware of the issue prior to selling it. This isn’t always easy, and you should work with a qualified attorney if you find yourself in this situation.
Zoning Disputes
Zoning or boundary disputes occur when two property owners can’t agree on the lines that divide their land. A classic example is when a property owner cuts down a tree near the boundary line, causing their neighbor to protest. Legal action may be taken to determine where the property line actually exists. However, these disputes can become much more serious, especially when a condo developer is trying to build a new project and a neighbor believes that they are encroaching on their land. A recent zoning dispute involves Disney’s autonomous district in Reedy Creek (2).
Co-Owner Disputes
When two people own property jointly, all kinds of legal issues can arise. For example, a wife might sell the family home after a divorce, taking all the money despite only owning 50% of the property. The buyer may then get caught up in a major legal quagmire when the husband comes back and either demands the home or their fair share of the money.
Breach of Contract
Breach of contract lawsuits are common in the real estate world. These lawsuits often occur when buyers agree to “close” on a sale but back out at the last minute. The opposite situation might also occur when a seller refuses to sell even after the contract has been signed.
Enlist the Help of a Qualified Attorney Today
If you’ve been searching for a Miami real estate litigation attorney, contact Alhalel Law. Over the years, we have helped numerous buyers, sellers, and everyone in between with a variety of legal disputes involving real estate. If you’re facing any kind of legal issue whatsoever with a property, get in touch immediately. During an initial consultation, we’ll assess your unique situation and determine the best way forward. Reach out today.
Sources:
miamiherald.com/news/special-reports/surfside-investigation/article261372582.html
fortune.com/2022/04/28/florida-gov-desantis-signed-law-dissolve-disney-private-government-district-what-means/