Some real estate disputes can be resolved out of court, but real estate litigation becomes necessary when the parties cannot agree to a solution. Ben Winter actually litigates his own cases. I doesn’t farm them out to another attorney. This is important to his clients, because if the opposing counsel knows that the attorney doesn’t litigate, they will probably try to lowball the settlement offers.
Breach of Contract
The real estate contract will include provisions about the closing date, title clearance, financing, and which assets will be included with the purchase of the property. When either party fails to follow the terms laid out in the contract, the other party may have a right to sue for breach of contract.
Failure to Disclose a Defect on the Property
If you discover a defect in your property after closing, you have no recourse but to file suit. Common property defects can include holes in the roof, mold in the walls, leaks, and improvements that never received the proper permits.
Breach of Duty or Negligence
When real estate agents negligently make a mistake that makes their clients lose money, they are responsible for any damage caused by their negligence. Real estate agents also must disclose any information that could benefit their clients.
Specific Performance Failure
Real estate litigation often involves one party’s failure to perform the obligations required in the contract. When someone is a party to a residential or commercial real estate contract and does not perform a necessary action in the contract, the other party has a right to bring forth real estate litigation.
Boundary Dispute
This issue is fairly rare, but does occur. A practical property line used by the people who live at the property is not consistent with the legally registered property line. Surveys should have been done before the property changed hands.
Ben Winter, P.A. focuses its practice in the areas of real estate law, Social Security Disability and Workers Compensation in St Petersburg, Florida. For more information, go to our web site www.benwinterlaw.com or call (727) 822-0100.