Just like in any other business, disputes in real estate have become more and more common. Real estate litigation can have a positive or negative impact on anyone involved in the business, including real estate agents, property owners, buyers, sellers, and tenants.
The purpose of an attorney is to help clients throughout the litigation process while aiming to obtain the most favorable outcome. But to hire an attorney, we must first identify a real estate claim, and that can be confusing.
In this article we will elaborate on 3 common instances where it is best to reach for a litigation attorney:
Breach of Contract
Every real estate transaction involves a contract. The contract must be signed when the property is sold or the construction process starts. The contract is a way to acknowledge that both parties fully agree to the real estate transaction. Most commonly, the terms of contract disclose information like the description of the property, rights, and obligations about the title clearance, date of closing, terms of possession, etc.
Breach of contract applies when the established terms were violated by either of the parties. To legally pursue your claim, it is necessary to:
- Present proof about the party acting not accordingly to the contract.
- Present proof that you have followed the legal obligations of the contract.
Although it might seem simple, contracts have legal terminology and clauses that often seem complex for those not familiarized with them. Therefore, in this scenario, it is recommended to hire a real estate attorney to analyze your case.
Breach of Duty
This lawsuit applies when agents or realtors are negligent to their clients during the real estate transaction. Agents are legally obligated to:
- Be in complete favor of their client’s interests. To not act favorably on the side of the remaining third party involved in the transaction.
- Respect the privacy of their clients. Financial or other sensitive information about their clients must remain strictly confidential.
- Proportionate any information to help their client.
- Perform their job according to their experience and to the best of their abilities.
Real estate agents can seriously jeopardize their career path if they are at fault of violating such legal obligations. Along with losing their bargain for the deal and their client, they can be sued for breach of duty.
If you are concerned about your real estate agent’s motives, start looking for legal advice as soon as possible.
Just like real estate agents, sellers legally must disclose any information about property defects. Undisclosed defects include the following, and more:
- Property damages, which are not obvious to the sight, but have an impact on the property value.
- Property conditions that could jeopardize the health of future residents.
To file a lawsuit claiming failure to disclose, it is necessary for the buyer to proof that the seller was aware of the damage of the house.
Why Consider to Hire a Litigation Attorney?
Besides experienced agents or realtors, most people are unaware of what could result in a real estate dispute. Although it is a nice thought to believe that everyone has the best intentions, sometimes that is not the case. A litigation attorney will reassure the protection of your rights.
At Paul Bowen Law our litigation attorneys have extensive experience in real estate claims. Please, contact us for any doubts or concerns related to real estate litigation.