This article discusses the common types of real estate litigation.
Fraud and or Non-Disclosure of Defects
After purchasing a property and the sale has been completed, you may notice that the property was misrepresented or has defects that were not disclosed by the seller. These material defects can include structural problems or non-permitted illegal additions made to the property. In these cases, the seller has failed to disclose defects and may be liable. However, the seller only has to disclose what they know at the time of preparing the "Seller's Disclosure of Property Condition."
When you're trying to purchase a property, you may come across unsettled claims of title to real property. These claims can prevent or interfere with your purchase and may need to be settled with litigation in order to "quiet" any challenges to the titles.
Real Estate Agents and Broker Disputes
There are many reasons a dispute or disagreement can occur between a real estate agent and a buyer or seller. Sometimes disputes occur because a real estate agent or broker may have breached their fiduciary duty, placed undue pressure on their client to purchase a property, or they may have made errors and omissions. Two other examples of reasons disputes can arise are because the buyer believes that the real estate agent's commission is too high or they believe that their agent hasn't truly assist them in buying the property.
Some of the most common disputes that occur are over property boundaries, zoning issues, parking spots, water damage, pests, nuisances, or untrimmed trees.
Zoning and Land Use Disputes
The government requires property owners and developers to obtain the correct permits and abide by zoning laws and restrictions. When they don't, disputes can occur and litigation is often involved. Often these disputes occur between private entities such as retail business locations and their local city government, but they can also occur between two private parties.
When a property owner falls behind on their mortgage payments, a lender may proceed to carry out the foreclosure process and take possession of the property.
Enforcement of Purchase Agreements
If you and another party sign a purchase agreement and the other fails to close escrow as contracted, you may seek a court order to force the other party to perform their end of the contract or you may seek to obtain monetary damages from the losses due to the failed transaction.