Common Real Estate Disputes Explained
While many real estate deals proceed without issue, legal disputes are common because real estate transactions often involve large investments, detailed contracts, and multiple parties. There is a wide range of common real estate disputes, from contract disagreements to property line issues. Real estate law plays a vital role in resolving conflicts and protecting your rights.
Below, our friends with experience in residential and commercial real estate litigation from Volpe Law LLC discuss common real estate disputes.
Buyers, Sellers, And Contract Disagreements
Purchase agreements are one of the most frequent causes of real estate disputes. Purchase agreements outline the terms of a sale, including contingencies and financial obligations. When one party fails at one of these—whether it’s missing a deadline, failing to meet financing terms, or completely backing out of the deal—disputes often arise.
Misrepresentations are also common causes of real estate disputes. If a seller fails to disclose a known problem with their property and the buyer discovers the defect after closing, they may need to seek legal remedies under real estate law to recover damages or to try to cancel the transaction.
Property Boundaries And Easement Issues
Another common source of conflict in real estate is property boundaries. Fences, driveways, and structures that encroach on neighboring property often become disputes. When deeds or surveys are unclear, these disagreements can escalate quickly.
An easement gives a person or people the right to cross or otherwise use someone’s land for a specified purpose. Disagreements over these rights are a common real estate dispute and can lead to litigation. An example of this is a shared driveway. If one owner blocks access to the driveway or attempts to revoke a previously granted easement, the person being blocked may need the help of a real estate litigation lawyer to get their access or rights restored.
Disputes Between Landlords And Tenants
Disagreements between landlords and tenants are unfortunately very common in both residential and commercial leases and rental agreements. Failure to pay rent, damaged property, illegal activities, and breaches of leases and rental agreements are common problems.
Both landlords and tenants are protected by real estate laws. For example, if a landlord fails to maintain the property, tenants may have legal grounds to withhold rent. But if a tenant violates their lease agreement, the landlord may have grounds to pursue an eviction. A key to avoiding problems and legal consequences is to handle these matters properly from the onset, and if this is not done, to remedy them immediately upon discovery.
Protect Your Interests In Property Deals
While no real estate or business transaction is risk-free, being proactive from the get-go and getting legal advice and guidance can help to reduce the likelihood of disputes. All contracts should be reviewed carefully and revised as necessary, property records need to be verified, and communication needs to be in writing.
When dealing with real estate transactions such as buying, selling, leasing, or building, having professionals in real estate law by your side can help to protect your investment and minimize your legal exposure.