6 Situations Where Real Estate Litigation May Be Necessary

 Posted on January 31, 2024 in Real Estate

Real estate transactions are complex, and they involve a significant amount of money. While many real estate deals go smoothly as buyers and sellers work to address the various legal and financial concerns that may need to be addressed, disputes can sometimes arise that may require legal intervention. In such cases, real estate litigation may be necessary to protect the rights and interests of the parties involved. An attorney with experience in these types of cases can provide guidance on how to resolve disputes and represent buyers or sellers throughout the legal proceedings.

Types of Real Estate Disputes in Which Litigation May Be Required

Some common situations where real estate litigation may be used to resolve disputes include:

• Breach of contract: When one party fails to fulfill their obligations as outlined in a real estate purchase contract, it constitutes a breach. This can include failure to pay certain costs, failure to deliver the property as agreed upon, or a violation of any other terms and conditions specified in the contract.

• Title disputes: Issues related to ownership and possession of property can give rise to serious conflicts. These disputes often involve conflicting claims over who holds valid title or interest in the property. In these cases, a party may pursue a quiet title action to determine the rightful owner of a property.

• Zoning and land use disputes: Differences between landowners and local government authorities regarding zoning regulations or land use restrictions can lead to litigation. In these situations, property owners or developers may need to pursue litigation or take other actions to seek exceptions to local laws.

• Boundary disputes: Conflicts may arise over the exact location of property boundaries, including disagreements regarding encroachments or easements. Owners of neighboring properties may need to take legal action to ensure that property line disputes and related issues can be resolved correctly.

• Fraud and misrepresentation: If one party intentionally provides false information or conceals material facts in a real estate transaction, the other party may take legal action to address the harm they have suffered as a result of these actions.

• Nondisclosure of defects: Sellers are legally obligated to disclose any significant defects or issues with the property they are selling. Failure to do so could result in litigation if the buyer discovers undisclosed defects after purchasing. Litigation may allow a buyer to address the losses they have experienced due to undisclosed defects, such as the costs of repairs.

Pursuing Real Estate Litigation

During disputes that involve property owners, buyers, sellers, developers, or other parties, legal representation from an experienced real estate attorney is crucial. At The Elliot Legal Group, P.A., we can assess a case and help determine whether pursuing litigation is necessary and beneficial. We can:

1. Analyze your case: We will thoroughly review all relevant documents and evidence related to your dispute. We will also gather additional information through research and investigation if needed.

2. Negotiate/mediate: In many cases, we will attempt to resolve disputes through negotiation or mediation before pursuing litigation. This can help save time and money for all parties involved.

3. Prepare a strong case: If negotiation or mediation fails, we will start building a solid case on your behalf. We will gather evidence, interview witnesses if necessary, and consult with experts who can provide professional opinions.

4. Handle court proceedings: We will represent you during hearings, trials, or other matters handled in civil courts. We will argue your case and present compelling evidence to support your claims.

5. Decide on a settlement or trial: During the litigation process, there may be opportunities for settlement discussions. We will provide advice on when it may be beneficial to accept a settlement or whether continued litigation would be more likely to achieve positive results. If an acceptable agreement cannot be reached, we are prepared to advocate on your behalf during a trial.

Contact Our Oakland Park, FL Real Estate Litigation Attorney

Real estate litigation is complex, and navigating through it without proper legal representation can be risky. At The Elliot Legal Group, P.A., our experienced Pompano Beach, FL real estate litigation lawyer understands the intricacies of these disputes and knows how to protect our clients' interests throughout the legal process. Contact us today at 754-332-2101 to set up a consultation and learn more about your legal options for resolving real estate disputes.