Month: December 2022

Property Dispute Litigation: What Is It and Do You Have a Case?

Posted on December 27, 2022 by - Uncategorized

property dispute litigation

Something unique about our homes provokes a deep emotional response during disputes. Not only is it the place where we live, but for most families, it is by far the largest financial investment they will make. Combine this with the complexity of modern property conveyances, and one can see why property disputes are so common.

Sometimes these disputes can be resolved, but if not, litigation may be the only way forward.

Common Types of Property Disputes

There are many types of property disputes, but some of them tend to come up over and over again.

Breach of Contract

In a real estate transaction, the most common breaches of contract occur when (1) the buyer backs out of the deal or (2) the seller back out and sells to someone else for a higher price.

In the first scenario, the fight may be over the return of the buyer’s earnest money. Also, if the seller was forced to sell to someone else at a lower price, they may try to recover the difference.

In the second situation, the buyer may seek “specific performance,” i.e., a court order for the seller to complete the original deal at the original price. Of course, judges are reluctant to give such orders, but specific performance may be appropriate if there is something unique about the property.

Failure to Disclose

If a defect affects the value of the property and is not obvious to the buyer, the seller has a duty to disclose that fact.  For example, if there are termites in the walls and the seller knew or should have known about it, this is a defect that must be disclosed. On the other hand, if there’s a massive hole in the roof, the seller should notice this on their own.

Boundary Disputes

Boundary disputes arise when neighbors can’t agree on the property line. The boundary may have been poorly marked in the past, or the practical use of the property doesn’t match the legal line. These disputes are common when one party builds an improvement such as a home, shed, or fence close to the property line without surveying first.

Homeowners Associations

There is often conflict between a homeowners association’s common standards and a homeowner’s wish to use their property as they see fit. Litigation may be necessary when the HOA overreaches or the homeowner simply refuses to comply.

Litigation and Other Options

Whether the dispute is between neighbors or a buyer and seller, sometimes the parties can come to some agreement. However, property dispute litigation or mediation, may be necessary if that is not the case.

Especially in a dispute between neighbors, attempting mediation first is usually a good idea. Parties often feel satisfied with mediation results, and neighbors will continue living next to each other for many years. It also tends to be faster and cheaper.

If property dispute litigation is the best option, property owners should hire an attorney. They should also be sure to retain all documentation in their possession. After that, the best thing they can do is be patient because litigation can take a long time.

Speak to the Property Attorney

In a property dispute, your first step should be to gain an understanding of your legal position. Then, determine if you have a case against the other party or if they have a case against you to decide your next steps. Our property litigation attorneys have years of experience in resolving such disputes. We can review your situation, lay out your options, and create a plan for a fair outcome. 

Contact our office to set up a consultation today.

What to Expect After Filing a Lawsuit

Posted on December 19, 2022 by - Civil Litigation

lawsuits

Everyone is familiar with a lawsuit; in fact, many people will be involved in one at some point in their life. (If you’ve ever received a notification regarding a class action, you’ve likely been a party to a lawsuit.) But unfortunately, most people don’t know what to expect after filing a lawsuit.

Here we’ll go over the significant stages of a lawsuit to provide an essential roadmap of what you can expect.

It’s important to note that the simplest answer as to what to expect after filing a lawsuit is: lots of waiting. Lawsuits proceed at a pace of months and years, not days and weeks. Patience and endurance are traits for successful litigation. That said, let’s get into it.

Initial Pleadings and Motions

A document initiates a lawsuit called a complaint, which sets out the factual allegations and legal basis for the lawsuit. The complaint is filed at the courthouse, and a copy is served to the defendant. The defendant then must file an answer in which they refute the claims made in the complaint.

It is not uncommon for the defendant to make one or more motions (i.e., formal requests for action by the court) at this point. For example, they may move to dismiss the complaint for failure to state a claim, meaning that even if all the factual allegations are true, the plaintiff has no legal remedy.

Discovery

Assuming the case is not dismissed at the outset, the parties will proceed to discovery. Discovery is the process by which the parties request information from each other. This may take many forms, but some of the most common discovery mechanisms are document requests, interrogatories (lists of questions for the other party to answer), and depositions.

For clients, depositions are the discovery procedure in which they are most likely to be directly involved. A deposition is similar to courtroom testimony in that a witness answers questions under oath, but they are also a little different in three ways:

  1. They do not occur in a courtroom but are usually conducted in a conference room.
  2. Only the opposing counsel will be asking questions.
  3. They last much longer, often for hours or even days.

Summary Judgment

After both parties have completed discovery, one or both of them will often file a motion for summary judgment. Summary judgment is appropriate when there is no real question as to the facts of the case so that the judge can decide the outcome as a matter of law. If the judge denies the motion for summary judgment, the case will proceed to trial.

Trial

A trial is the stage of lawsuits that people are most familiar with, and have several distinct components:

  • Jury selection – From the larger jury pool, each party tries to retain jurors they think will be favorable and reject jurors they think will be unfavorable.
  • Opening statements – Each party has a chance to provide the jury with a preview of the trial.
  • Presentation of evidence – The plaintiff typically presents their case through documents, witness testimony, and other evidence. The defendant then presents their evidence. In some cases, the plaintiff and defendant may provide further rebuttal evidence in response.
  • Closing statements – The attorneys summarize the evidence and make their final case about why the jury should decide for them.
  • Deliberation – The jury retires to consider all the evidence presented to them and decide on the outcome

Appeals

Sometimes the trial is the end of the matter, but sometimes one or both parties will appeal to a higher court. They may seek to overturn decisions by the trial judge or the jury. Appeals courts have busy schedules, and this process may take many months.

Talk to an Attorney about Your Case

A lawsuit is a long and arduous process that no one should attempt without a lawyer. Speaking to an experienced attorney can help you better understand the process and your prospects for prevailing in court.

If you are involved in a lawsuit, contact our office today to learn how we can help you.