With different contracts involved in real estate transactions, it’s highly possible for homeowners and property owners & sellers to encounter litigation. Let’s take a look at common causes of real estate litigation and if you’re in San Diego, what to look for when hiring a lawyer to help with your case.
Common Causes of Real Estate Litigation
Real estate disputes and challenges can be caused by the following.
Breach of Contract
In real estate transactions, typically two parties will have reached an agreement or contract which can include agreements with respect to purchase, sale, partnership, a lease or other agreements. When one or more parties fail to uphold their end of the contract, whether the agreement was oral or written, a lawsuit can arise. In a case claiming breach of contract, the plaintiff needs to prove that they have upheld their contractual duties, while the defendant has failed to perform the contract’s terms. The wronged party may receive compensation for the damages and losses they endured because of the breach.
Negligence or Breach of Duty
Real estate agents must provide buyers with what they need to make an informed decision regarding the purchase. By law, real estate agents are required to work to benefit the client and their best interests—this includes disclosing information relevant to the purchase and keeping client information confidential. Failure to fulfill due care and not taking appropriate action can lead to a lawsuit.
Failure to Disclose Property Defects
Thorough inspection of a property is required to help buyers make an informed decision. In California, residential property sellers are required by law to disclose the property’s condition and defects. These include structural defects or even if a death occurred at the property within the last three years. Without thorough documentation and failure to disclose property defects to a potential buyer can lead to litigation.
Another common cause of real estate challenges includes boundary disputes. This type of dispute may arise between neighbors and involve misunderstandings regarding property lines. One way to prevent or resolve boundary disputes is to order a survey which accurately reflects the boundary lines. In some cases the owners can resolve the dispute with a quiet title action, which asks the courts to determine the property’s boundary lines.
Choosing Your Real Estate Attorney
There are other real estate disputes that can arise and it’s best to be prepared in all cases. A real estate attorney can help you prevent these disputes. If you’re already facing litigation, it’s important to choose an attorney that has the expertise, creative approach, and cost-effective solutions you need.
Experience & Expertise
Whether the property is commercial or residential, look for a real estate attorney or law firm that has the expertise to handle your case. As a boutique law firm, Hoffman & Forde has access not only to real estate attorneys but also a group of professionals across multiple industries.
While creativity may be the last thing you look for in an attorney, it’s important to recognize that each case will be unique and will then require a unique approach. Our accessible team at Hoffman & Forde does just that.
You’re already investing a considerable amount of time, money, energy, and other resources to secure your property. Choose a law firm that provides clients with the most cost-effective solutions possible.
Your San Diego Real Estate Litigation Attorneys
Resolve your case effectively with our commercial and residential real estate attorneys at Hoffman & Forde. Schedule a consultation today to see how we can help.