Real estate disputes can not only be costly, but sometimes downright devastating. It is important to have a lawyer with experience, knowledge and an understanding of how the real estate industry operates on your side.
Some Examples of Real Estate Litigation:
Fraud / Non-Disclosure of Defects
After a sale is complete, there are often disputes regarding a sellers alleged failure to disclose to the buyer material defects regarding the property, including structural problems or additions made without proper permits.
Sometimes there are unsettled claims of title to real property which cloud an owner’s title. This in turn may interfere with or prevent a sale. Litigation can be used to help resolve such claims.
Zoning and Land Use Disputes
Litigation often arises when Government requires developers and homeowners to abide by legal use restrictions in order to obtain permits, or seeks to enforce zoning laws against alleged unlawful uses.
Foreclosures are all too common these days: lenders rely upon contractual or judicial foreclosure remedies against owners those who fall behind in payment. Procedures must be properly carried out for the foreclosure to result in sale of the property.
Disputes with Real Estate Agents or Brokers
Realtors are held to a high standard of conduct; it is often claimed that they do not live up to that standard, and that their clients suffer loss as a result. There may be claims of breach of fiduciary duty, errors and omissions, or undue pressure to buy.
Easement and Neighbor Disputes
Easement disputes can crop up between neighbors, and also between property owners and local government, over the validity or scope of easements, or whether they have been created by necessity or prescription. Aside from easement issues, neighbors also have disputes regarding boundaries, fences, zoning issues, etc.
Condemnation occurs when a local, state, or federal government seizes private property and compensates the owner. The power of the government to do this is called eminent domain, which essentially means the government is taking private property for public use.
Enforcing Purchase Agreements
When parties to a purchase agreement fail to close escrow as contracted, a party may seek specific performance – a court order that the other party perform – or seek monetary damages for losses arising from the failure to complete the transaction.
Today, in our ever-changing real estate market, it is becoming increasingly common for people to need legal advice on all types of issues in the area. The above circumstances are all matters that should be handled by an experienced attorney. If you need a Real Estate Litigation Lawyer Nashville, give Ben Powers a call today.