Residential Real Estate Litigation Attorneys: How Do They Help?
- Posted on June 16, 2021
- In Residential Real Estate, Litigation, real estate litigation
A property purchase or sale can raise a myriad of issues related to contracts, property issues, zoning, etc. These transactions and long lasting ownership are regulated by a number of laws, rules, and regulations. A residential real estate litigation attorney is a professional who fights for your cause when something goes wrong.
During the sale process and afterwards, this partnership offers you protection. A real estate litigation attorney is needed in the event of any problems with the seller's services or issues with the neighbors. What is the best way to find out if your situation calls for professional assistance?
Here are some ways a residential real estate litigation attorney can help:
- Dispute Resolution
- Unidentified Property Issues
- Contractual Infringement
- Zoning & Boundaries Issues
dispute resolution
The sale or purchase of real estate properties is bound to be accompanied by contractual issues. Various extraneous variables can arise between the time a contract is issued and the time a property sale is completed. It is important to include information about closing date, financial stipulations, title clearance, and assets that will be part of the final transaction. According to this contract, it is the responsibility of each party to complete each part in a timely manner.
Parties who fail to adhere to the stipulations of a contract may be exposed to litigation. An attorney should review this contract both for the buyer and the seller to make sure each aspect is able to be met in a timely manner by both parties.
unidentified property issues
There can still be hidden or unexplained issues with a residential property even when the person selling it is required to disclose all known issues. Legal action can be taken against a seller for failing to disclose issues. In such cases, you may experience a leaking roof, excessive mold growth, wiring problems, or modifications that don't meet current standards.
In general, buyers assume that the property is safe before they make an offer. In order to make an informed decision on the property, they expect to have all relevant information. A failure to provide this information could lead to the services of a residential real estate litigation attorney.
contractual infringement
Attorneys who handle residential real estate litigation don't always offer support to buyers and sellers. When realtors and real estate agents do not act in their clients' best interests, they are increasingly at risk of being sued. Keeping this in mind, you can often resolve any issues you may be having with your real estate agent with the help of a real estate litigation attorney.
When the realtor or agent fails to disclose any information essential to establish the professional relationship, they can be held liable for any subsequent lawsuits. Attorneys who specialize in real estate litigation will review the situation to determine if there was any breach of duty performed by the agent or realtor.
zoning & boundaries issues
Every state, city and neighborhood has varying zoning codes. Depending on a property's zoning and boundary codes, there will be a certain type of construction or use permitted. A property a buyer is looking to buy will often have specific plans associated with it. Your residential real estate litigation attorney can assist you if the plans don't align with the land's zoning code. You should consult an attorney before completing the purchase process to ensure that the property is zoned appropriately.
Also, a rezoning application can be filed with the city with the assistance of a real estate lawyer. Proper representation is crucial for ensuring you are fully aware of your property boundaries, as the legal definition is not always reflected in the practical application.
contract 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.