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The Ins & Outs of Real Estate Litigation

The Ins & Outs of Real Estate Litigation

Real Estate Litigation… Explained

Real estate law protects your rights and interests in a real estate disputes. Disputes can lead to litigation or a lawsuit. A business law attorney who specializes in real estate litigation can represent you in matters of fiduciary duty, partnership and contract disputes. They often produce multimillion dollar judgments and defend verdicts in favor of their clients.

These litigators usually represent these types of clients:

  • Vineyard owners.
  • Hotel or motel owners and developers.
  • Bed and Breakfast lodging owners.
  • Commercial developers.
  • Residential developers.
  • Residential property owners.

There are many other types of owners and potential owners who may need to contact an attorney. To understand more about what is covered in real estate law, consider the variety of disputes over real. estate.

The Most Common Real Estate Disputes:

  • Purchase and sales contract disputes: Disputes involving money borrowing like vehicle financing or home loans.
  • Partnership disputes: Disputes between business partners.
  • Claims involving breach of fiduciary duty: Disputes over a fiduciary’s acts that are adverse or contrary to the interests of the client.
  • Commercial leases: Disputes over rental and lease contracts with old or new owners and changes in terms that were fixed rates and years.
  • Property insurance: Disputes over repair claims from water, tornado, fire or hurricane damage claims with insurance companies.
  • Property tax assessment: Disputes over the 0.2% and 4% real estate tax assessment of a home’s value that is levied by local government, municipal or county level. Rates vary by state. An attorney can assist you in understanding how these rates are determined.
  • Design and construction defects: Disputes relating to the bad service provided by the architect, designer, contractor or builder.
  • Property boundaries: Disputes over physical, legal and general boundaries. Land registry offices show the extent of land in a registered title by a red line on the title plan. A real estate litigator can help to manage boundaries fairly and help your company if those boundaries have been compromised.

I’m a Homeowner – Do I need a Real Estate Attorney?

real estate litigationHomeowners frequently engage a real estate litigator for cases involving major design and construction flaws that may have been hidden or obscured when the property was purchased. Claims are usually pursued to recover damages for construction flaws, including contractors and sub-contractors.

What Kind of Attorney Should I Look For?

Acquiring a real estate litigator with state and federal court room experience can be vital to winning your case. When you look for an attorney, look for one who has a strong background in adversarial proceedings and appearances before judges and juries. It would be helpful if they are experienced in negotiations using alternative dispute resolution forums such as non-binding mediation. The more experienced the attorney, the better it is for your case.

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