Real Estate Litigation
What ever the value of your real estate, your property should be protected. Real estate ownership can become very complicated, especially if your property is of high value. Real estate litigation can be a very complex process to endure. However, with the legal counsel of a seasoned attorney you can better handle all the intricate legalities that come with real estate. At Colley and Colley we have experience in this area and operate under a contingency basis. Real estate litigation can range from simple disputes with neighbors to more serious fraudulent real estate agreements.
1. Failure to disclose
Before a sale is complete the owner is required to disclose all necessary information to the buyer. If there are any issues with the foundation of the property, the actual structure, or defective materials the seller is required by law to disclose this information. Common real estate disputes stem from non-disclosure defects.
2. Dispute with real estate agents
Real estate agents are often accused of dishonest sale practices. They are often held accountable for any discrepancies between what a buyer expected and what they actually encountered. Litigation with real estate agents or brokers can include: breaches of fiduciary duty, overselling of a property, or omission of necessary information. It is advisable to hire a real estate agent that is professional and experienced.
3. Neighbor Disputes
Disputes with neighbors are the most common type of real estate litigation. Disagreements with boundaries, neighbor nuisances, fences, and neighbor animals occur everyday. When you have different types of people occupying the same disagreements are bound to occur. For example, it is possible that your neighbor keeps livestock(chickens, pigs, etc) in their backyard. If you feel that this creates a disturbance to you, you may have a case. Some ordinances prohibit residents from raising livestock on their property.
Sometimes the government may try to procure privately owned property. In the event that this occurs real estate litigation ultimately decides amount of payment to retrieve land. In the case of eminent domain the private land purchased is usually bought for the intention of public use. The original owner of the land may be entitled to compensation.
Foreclosure is another common type of real estate litigation. These days it happens more and more. When the owner of a property is unable to make payments the lender may be compelled to force the sale of the property as collateral. As the owner of a property it is quite easy to fall behind on payments especially if your financial situation changes suddenly. Slumps in the economy, personal health issues that rack up medical bills, or loss of income can all be the actual root of foreclosures.
If you are seeking legal counsel for a real estate litigation, feel free to contact us Colley and Colley.