When You Should Hire a Real Estate Litigation Attorney

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By Rochford Law Posted on January 25, 2021 at 2:57 PM

Real estate disputes can be confusing. There are a lot of regulations, rules, and laws that go along with these transactions and the resulting longstanding ownership. We take great pride in our property and home, and it can become quite messy when a dispute pops up.

A real estate litigation attorney is a professional that fights for your cause when something goes wrong. They are there to work toward an amicable solution that addresses your needs. 

We are expected to act in a certain way in regards to the legal rights of others. This 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 examples of when you should hire a real estate litigation attorney:

  1. Breach of Contract
  2. Failure to Disclose Issues With the Property
  3. Breach of Duty by Agent
  4. Zoning Issues
  5. Property Boundary Disputes
  6. FSBOs at Closing


Breach of Contract

A contract is issued when a property sale has been initiated. This includes 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.


Failure to Disclose Issues With the Property

It is mandatory for a person selling either a residential or commercial property to disclose any and all known problems with the property. A failure to do this is grounds for legal action on behalf of the buyer.

This could include scenarios such as a leaky roof, unchecked mold, wiring issues, or any modifications that don’t meet current standards.

A buyer operates 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 Duty by Agent

Reasons for hiring a real estate litigation attorney don’t always relate to actions on behalf of the buyer or seller. 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.

A failure to disclose any important information and sharing confidential information goes against the assumptions of the professional relationship and leave 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.


Zoning Issues

Zoning 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. And sometimes, these plans don’t align with the zoning codes of the land.

A real estate attorney will be able to help you verify the current zoning of a property before you complete the purchasing process.

There are still options if you make it through closing day and find out the property isn’t zoned for your intended use. A real estate lawyer will be able to help you file a rezoning application with the city.


Property Boundary Disputes

The boundaries of your property might not be as apparent as you think. A legal property line isn’t always reflected in the practical applications of one. This could take the form of, perhaps, a fence that encroaches into a neighbor’s yard.

This can be addressed with the help of a real estate attorney. And if this leads to issues such as a neighbor building a structure that crosses a property line, litigation might be necessary to resolve the dispute.


FSBOs at Closing

Selling a property on your own can save you a lot of money in fees to real estate agents and realtors. However, it’s highly recommended to utilize the help of a real estate attorney when it comes to closing on your property.

Working with an experienced real estate attorney like Rochford Law & Real Estate Title in Nashville, TN can save you the hassle of dealing with any of the issues stated above. 

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.

Topics: Nashville Real Estate, Nashville Real Estate Attorney, Real Estate, Real Estate Lawyer, Residential Real Estate, Title