What are common causes of Real Estate Disputes?
Failing to disclose a problem with the property
It is required to disclose any problems with a house, business, or rental property that you are trying to sell or lease. Defects can include:
Breach of contract
When you enter into a contract to sell a property, that agreement includes clauses such as title clearance requirements, closing dates, financing requirements, items that come with the purchase, and more. The customer may use a breach of contract lawsuit against you if you fail to uphold any of the conditions.
Negligence or breach of duty
The law grants tenants the right to live in a safe and livable home. Litigation may ensue if a landlord neglects to do required maintenance or repairs and someone is harmed as a result. A landlord must fulfill reasonable requests for repairs and maintenance promptly to avoid a breach of duty.
If you have signed a residential real estate contract or a commercial real estate contract and you fail to take the required action specified in the contract, the other party may take specific performance action to get you to cooperate. If circumstances make it difficult to comply with the standards as stated, be honest with the other party and consult with them to find a workable remedy.
If a property boundary is inconsistent with the legal one or has not been properly recorded, it can result in a future conflict. Your lawyer can pull the legal boundaries when you buy a property and potentially inform you of any misrepresented conditions.