When Can You Consider Going For Real Estate Litigation?
Posted: Jan 02, 2018
A house, a shop, an office or your working site are the place associated with a lot of emotions and hope for future. And that’s why any problem related to them is stressful. There can be a lot of anxiety regarding real estate transaction, whether you are a buyer, seller or developer, whether you are a landlord or a tenant, whether you are a putting your property for lease or mortgage. You want the process to be smooth without any problem.
The problems can range from simple misunderstandings to frauds. Sometimes people misuse the liberty you provide and think of it as our weakness. Nobody wants to go for a trial but, mediation and arbitration do not always work, and you have to go to the court for your rights. A real estate litigation is filed to achieve this. The following common problems can arise for which real estate litigation can opt:
1. Conflict During Purchase-Sale Transactions:
Purchase-sale transaction is an agreement to transfer the ownership of the property. Here are some of the problems that can arise while purchase-sale transactions:
a. Seller does not have the authority to sell the property
b. The agreement contains an incomplete or inadequate legal description.
c. Failure to pay money on-time
d. Failure to transfer the estate after payment, etc.
2. Disputes Arising From Construction Defects:
The owner may identify work as not by the plans or specifications. If the contractor or developer does not agree with the owner's assertion of the defective construction, a dispute arises. If the project is not completed as per the contract or agreement as per law, this comes in breach of contract. There can be other problems like water intrusion, structural problems, faults with plumbing and electrical systems, etc. these are negligence on the part of the developer, and the owner can file a complaint in real estate litigation.
3. Disputes Between Tenant And Landlord:
As a tenant, people have the right to privacy and freedom. But with freedom, there are also responsibilities attached. In such scenarios, the dispute can arise between landlord and tenant. There can be a loss or damage to the property during the stay of the tenant for which he/she should pay. There can be special rules not mention in the contract by the landlord. Usually, this kind of dispute is solved via mediation, but if any of the party is getting too aggressive, then the court is the right way to address the issue.
So, these are some of the most common issues that arise during real estate transactions. There are also some less common issues that can occur in foreclosures and mortgage disputes, termination of leases, terminal dilapidations, reinstatement claims, property contract drafting, etc. For more information or suggestion regarding Real Estate Litigation in San Bernardino, you can contact law office of Michael C. Maddux.
Foe more: http://www.madduxlaw.com/
Lisa wilson is a web content writer and associated with Maddux law, Probate Attorney in San Bernardino. I love to write and share my knowledge on the law based article and blogs.