Real Estate Disputes
What You Need to Know About Real Estate Disputes
There are few areas of the law that touch on our emotions so deeply as real estate disputes. This is because they often lie at the intersection of two very important aspects of our lives: our homes and our personal finances. Though people may prefer to resolve them quickly and informally, the underlying issues can be complex and passions can flare up quickly. In these cases, the best option is usually to hire an experienced real estate dispute attorney.
Types of Real Estate Disputes
Here are a few of the most common legal disputes people encounter when it comes to real estate:
Purchase Disputes – These real estate contract disputes pop up after the deal has been signed, and sometimes well after the buyer has taken possession of the property. They often revolve around a claim that the seller misrepresented or failed to disclose a material fact. For example, the seller may have neglected to mention an environmental problem or other information that affects the value or use of the property.
Property Ownership Disputes – Sometimes multiple parties simultaneously claim ownership of a property. For example, one owner performs a survey of the boundaries of their property and subsequently claims that part of the neighbor’s home is actually on their land. In such a case, there may be little room for informal negotiation.
Nuisance Claims – One owner may claim that the actions of another are interfering with the reasonable use and enjoyment of their property. These can vary widely, from excessive noise to environmental pollution. For example, if a homeowner has a view of the ocean but a proposed construction project will block that view, the owner may seek to stop construction or receive compensation.
Homeowner Association (HOA) Disputes – HOA agreements can serve a variety of purposes, including obligating owners to maintain a certain level of care or appearance in order to keep nearby property values stable. Disputes often arise when an owner wishes to do something that is alleged to be prohibited by covenants, conditions and restrictions (CC&Rs) or contests a special assessment against their property.
Landlord/Tenant Disputes – Both landlords and tenants commonly have claims against each other. These include nonpayment of rent, breach of lease agreement, and habitability issues (unhealthy conditions, failure to make repairs, etc.).
Resolving Real Estate Disputes
The best approach to real estate dispute resolution is to prevent the issues from coming up in the first place. Hiring a legal professional early in the process, such as during a real estate purchase, can help owners catch issues early and keep them from growing out of control.
Sometimes a dispute is unavoidable, though. In these cases, owners may wish to keep the case out of court through some sort of alternative dispute resolution like mediation. This approach has the advantages of being generally faster and less adversarial. Attorneys can fill the role of mediator and/or represent the parties in negotiations.
If a dispute requires litigation, all parties should have assistance of counsel. The factual and legal issues are likely to be complex, and too much is at stake to go it alone.
San Diego Real Estate Dispute Attorneys
If you are involved in a real estate dispute, our experienced attorneys can help you resolve the matter in a cost-effective manner. Schedule a consultation today.