In the US, there are 79.36 million owner-occupied residences. As part of maintaining your property, you’ll have to deal with potential disputes.
Dealing with these real estate disputes can be costly and time-consuming. If you have legal or financial matters to resolve without resorting to real estate litigation, a real estate attorney can help.
Still, deciding when you need litigation depends on the situation. As such, there are certain cases that make it clear when it’s time to bring in a litigation attorney. Take a look at the situations that call for legal action, allowing you to avoid litigation altogether.
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What Is Real Estate Litigation
The legal definition of real estate litigation is “a civil action brought in a court of law in which one party sues another for damages or other relief arising from a dispute over real property.”
In other words, real estate litigation is a lawsuit that involves a disagreement over something related to real estate. If you are involved in a dispute over real estate, you may need to hire a real estate lawyer to help you resolve the issue.
When Do You Need a Lawyer
There are many different reasons why someone might need a real estate litigation lawyer. Some common reasons include:
When Your Property Rights Are Being Threatened
This could occur if you are being evicted from your property, if someone is trying to take your property, or if you have a dispute with a neighbor over your property line. Real estate litigation can be complex and expensive, so you should consult with an attorney to determine whether you have a valid claim and whether it is worth pursuing.
When You Want to Protect Your Investment
If you have a real estate investment, you want to do everything you can to protect it. That includes being prepared to litigate if necessary. You might need real estate litigation if there are boundary disputes with your neighbors, zoning issues that arise, or problems with your title.
When You Need to Evict a Tenant
If the tenant has not paid rent, you may need to evict the tenant. Another instance is if the tenant has caused damage to the property.
The last instance is if the tenant is creating a nuisance. If you have given the tenant a written notice and the tenant does not correct the issue, then you may need to consult with a real estate litigation attorney to discuss your legal options.
When You’re Facing a Construction Dispute
This can happen if you’re trying to collect payment for work you’ve completed, or if you’re trying to resolve a problem with a contractor. Real estate litigation can be expensive and time-consuming, so it’s important to know when you need it and when you can handle the dispute yourself.
When You’ve Been the Victim of Fraud
This could include fraudulent misrepresentation, breach of contract, or other illegal activity. You will need to prove that the other party committed fraud and that you relied on that fraud to your detriment.
Consider These Tips Before You Sign on the Dotted Line
Signing a real estate contract is a big decision that should not be taken lightly. It’s important to be aware of when real estate litigation might be necessary. By knowing when disputes might arise, you can be prepared to resolve them in a way that is fair for all parties involved.
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