6 Reasons You Should Hire a Residential Real Estate Litigation Attorney

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By Rochford Law Posted on May 30, 2021 at 2:00 PM

When it comes to purchasing or selling a piece of property, contracts, property issues and zoning boundaries can bring up a plethora of issues. There are a lot of regulations, rules, and laws that go into these transactions and the resulting long standing ownership. A real estate litigation attorney is a professional who fights for your cause when something goes wrong. 

This partnership provides you with protection throughout the sales process and afterwards. Problems with any services during this sales process or issues with neighbors can lead to the need for a real estate litigation attorney. But how do you know your situation warrants the help of a professional?

Here are 6 reasons you should hire a residential real estate litigation attorney:
  1. Contractual Issues 
  2. Unknown Property Issues
  3. Breach of Agent Contract
  4. Problems With Zoning & Boundaries 

Contractual issues

Contractual Issues are bound to occur for any type of real estate property sale or purchase. As a contract is issued when a property sale has been initiated, various extraneous variables can come up between then and the closing transaction date. This beginning contract should include aspects such as the closing date, financial stipulations, title clearance, and assets associated with the final purchase. This contract holds each party responsible for the proper completion of each aspect.

A failure to adhere by the stipulations of any section of the contract can leave a party open to possible litigation. Both the buyer and the seller should have their attorney look over this contract to make sure they are able to meet each aspect of the document in due time. 

Unknown Property Issues

While it is mandatory for a person selling either a residential or commercial property to disclose any and all known problems with the property, certain or unknown property issues can still arise. A failure to disclose issues is grounds for legal action on behalf of the buyer. This action could involve issues such as a leaky roof, unchecked mold, wiring issues, or any modifications that don’t meet current standards.

Buyers will typically operate under the assumption that the property they are looking at has been deemed safe. They expect to have every piece of information inherent to making an informed decision on the property. A failure to provide this information could lead to the services of a real estate litigation attorney.

Breach of Agent Contract

A real estate litigation attorney doesn’t always provide support based on buyer or seller issues. Real estate agents and realtors open themselves up to the possibility of being sued when they fail to act in their client’s best interest. With this in mind, any issues that you face with your real estate agent can often be handled with the help of a real estate litigation attorney.

A failure to disclose any important information and sharing confidential information goes against the assumptions of the professional relationship and leaves the agent or realtor liable for legal action. A real estate litigation attorney will review the situation to discern if there was any breach of duty performed by the agent or realtor.

Problems With Zoning & Boundaries

Every state, city and neighborhood has varying zoning codes. These zoning and boundary codes dictate which types of structures and uses a particular property can support. Buyers will often have specific plans with a property they are looking to buy. If these plans don’t align with the zoning codes of the land, a real estate litigation attorney will be able to help you. The attorney will be able to verify the current zoning of a property before you complete the purchasing process.

A real estate lawyer will also be able to help you file a rezoning application with the city. As a legal property line isn’t always reflected in the practical applications of one, the proper representation can help ensure you fully understand your property boundaries. 

Pro Tip: Zoning and boundary issues can be addressed with the help of a real estate attorney. If these problems lead to issues such as a neighbor building a structure that crosses a property line, litigation might be necessary to resolve the dispute.

Contact Rochford Law & real estate title

Hiring an experienced real estate attorney like Rochford Law & Real Estate Title in Nashville, TN can save you time and money in the long run. It’s best to cover all your bases and get through a real estate transaction with as little problems as possible. However, it’s comforting to know that should a dispute pop up, a real estate litigation attorney can help find a resolution. 

Contact Rochford Law & Real Estate Title today!