Because of the amounts of money involved in most real estate transactions as well as the confusing contracts, laws, and paperwork involved, property owners often need the assistance of a legal expert in the field of real estate. A real estate litigation lawyer is exactly that. He or she is a legal expert that specializes in handling disputes that arise from real property or interest in real property. Below are six common areas of expertise in this particular field.
Breach of Contract
One of the most common issues that becomes a cause for litigation in the real estate industry is a breach of contract. A real estate litigation attorney might represent his or her client in landlord and tenant contract disputes either as a representative for the landlord or for the tenant. Areas of expertise in contract disputes may also include issues regarding license or purchase agreements, leases, and more.
Boundary Disputes
A common reason for real estate litigation is a boundary dispute between two entities, whether that disagreement is between real estate holders or possibly a government body and another party. Boundary line disputes may often involve litigation.
Foreclosure and Mortgage Disputes
Real estate litigation attorneys are often involved in foreclosure and mortgage disputes for both residential and commercial properties. He or she may represent either the property owner or lien holder in the dispute.
Property Title Defect Claims or Encumbrances
A title defect means that the property may already be owned by another or may be otherwise encumbered by another person. All of these pose a threat to a property owner's right to claim the full right of the property or to sell it at some point in the future. Real estate litigation attorneys deal with these types of cases on a regular basis.
Partition Actions
Another real estate issue that a real estate litigation lawyer would handle is a partition action. These legal actions pertain to joint owners of the property, particularly when one party wants to sell their ownership rights to the property and the other does not.
Rescission
In contract law, rescission seeks to cancel or repeal a mutually agreed upon contract. This is especially vital when one party has entered into a contract that later is proven to be fraudulent or has been misrepresented in some way. Rescission may be mutual between both parties or sought by one party because of a breach by the other.
For more information, contact a company like Chase Law and Associates PA.
Share16 March 2023
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