Real estate disputes can occur for a variety of reasons and cover a wide range of matters.
Often, real estate disputes can be settled quickly and efficiently through the use of alternative dispute resolution or negotiation, but sometimes, parties are unwilling to compromise or negotiate and litigation is required.
Real estate disputes can occur within commercial, residential, and multi-family transactions.
Here are some of the types of real estate disputes that may require litigation due to their complexity:
- Breaches of contract or matters involving purchase agreement violations: Disputes usually arise after both parties have signed the contract, but before the transaction has taken place. Disputes sometimes arise regarding the financing, inspections and the condition of the property, the closing date, or the misrepresentation of contract terms;
- Landlord and tenant disputes;
- Leasing disputes;
- Condominium association member dispute: HOA dues may cause problems if a person does not pay or does not understand all the rules;
- Partnership disputes;
- Disagreements over ownership;
- Disputes that arise from liens and titles or undisclosed interests;
- Real Estate Settlement Procedures Act (RESPA) violations such as lenders and brokers overcharging fees or appraisals that are fraudulent;
- Adverse possession claims: This occurs when a person tries to gain legal title to a real property;
- Mortgage disputes;
- Disputes with real estate brokers over commissions;
- Disputes over boundaries: This often occurs right after a person closes on a real property and discovers that boundary lines have been encroached or the deed descriptions of the boundaries are inaccurate;
- Issues regarding taxes;
- Zoning and land use issues: Local government laws may affect issues as simple as how you landscape your private property or have rules about construction;
- and, Disputes over insurance coverage;
These are just a few common types of real estate disputes. Other types of real estate litigation include disputes with utility companies or construction. Every case is different; for more information about your particular dispute, contact a knowledgeable and experienced real estate attorney for a consultation.