Real Estate Attorneys – O'Keeffe O'Brien Lyson Attorneys
Contract Disputes
Real estate contract disputes occur when parties involved in a property transaction—whether buyers, sellers, landlords, or tenants—do not agree on the terms or execution of a real estate contract. These disputes can arise at any stage of the process, from negotiations to post-sale issues. Common causes for disputes include unclear contract language, failure to meet deadlines, disagreements over property conditions, breach of contract, and misunderstandings over contingencies.
Common Real Estate Contract Disputes:
- Breach of Contract: This happens when one party fails to fulfill their obligations. For example, if the buyer doesn’t follow through with the agreed-upon purchase or a seller fails to deliver the property on time.
- Title Issues: Disputes over the legal ownership of the property, such as unclear titles, unpaid liens, or unresolved boundary issues.
- Failure to Disclose Property Defects: Sellers are required to disclose any known issues with the property, such as water damage or structural problems. Failure to disclose these can lead to disputes.
- Contingency Disputes: Disagreements over conditions outlined in the contract that must be met for the sale to go through, such as home inspections or financing approval.
- Unpaid Rent or Lease Violations: In commercial or residential leases, disputes may arise from tenants not paying rent, violating terms, or not fulfilling the lease obligations.
- Misrepresentation or Fraud: A party may claim that the other party misrepresented material facts about the property, such as its value or condition.
What an Attorney Can Provide:
Experienced real estate attorneys are specialists in handling contract disputes and can assist in various ways, including:
- Review and Drafting of Contracts: An attorney can ensure the contract is clear, legally binding, and protects your interests, potentially preventing future disputes.
- Negotiation: Attorneys can negotiate terms between parties and help resolve disagreements before they escalate into lawsuits.
- Legal Advice: If you’re involved in a dispute, an attorney can explain your legal rights and options, helping you understand whether you have a valid claim or defense.
- Mediation and Arbitration: In some cases, an attorney can help resolve disputes through alternative dispute resolution methods, such as mediation or arbitration, instead of going to court.
- Litigation: If a dispute cannot be resolved amicably, an attorney can represent you in court, filing legal documents, presenting evidence, and advocating for your position.
- Enforcing Contracts: If a contract is breached, an attorney can help you take action to enforce the contract or seek damages for losses incurred.
- Resolving Title or Ownership Issues: Attorneys can assist in clearing up title defects or resolving disputes over property ownership.
In summary, real estate contract disputes are not uncommon, and an attorney with expertise in real estate law can help you navigate these challenges, from dispute resolution and negotiation to litigation.
