Situations That May Result in Real Estate Litigation

Situations That May Result in Real Estate Litigation

September 7, 2020

When you have property, it’s possible litigation might arise. As always, when conflicts happen, litigation and other major consequences can result—which is why it’s smart to have an experienced attorney on hand to help you out. They can help you determine the best way to handle real estate conflicts, whether it’s litigation, settlements or another option.

Here are some of the most common reasons for real estate litigation in Miami, FL:

  • Breach of contract: As you know, signing a contract is a key part of real estate investing, whether it’s a single-family home or a multi-million-dollar commercial complex. The contract lays out what each party is now bound by law to do, and if one party fails in their duty (often either failing to construct the real estate or complete other parts of performance), then the other party can sue them to ensure the contract is carried out or there’s another form of compensation.
  • Failure to disclose: One of the most important things a seller has to do is disclose certain conditions or other flaws in the property. If they failed to disclose and you bought the property based on that evaluation, you may have grounds to sue. Contact an attorney immediately to see what can be done.
  • Implied warranties: There are certain implied warranties that come along with buying a house, which are meant to protect buyers from getting a lemon. If you find that your real estate has some issues, find out if it means that the seller breached one of their warranties—it could mean that you can recover some of the time and money it takes to restore your property.
  • Breach of duty: Is your agent working in your best interest? They had better be, or they’ll be breaching their ethical duty to you. Agents are duty bound to provide the best in fiduciary advice to their clients, so if your guy advised you to buy a lemon—and they knew better—you should be able to recover some damages from the transaction and resulting trouble.
  • Boundary disputes: If anyone has a doubt about where your property lines lie, they might sue to make them clearer. This also comes up when one party has easements or other rights of way on a property and the new owner isn’t thrilled about it.
  • Title defects: Are you sure the person who is selling the property has the right to do so? Title defects might be curable over time, but you want to ensure that you never have to deal with that stress. That’s why you should work with a skilled real estate attorney to ensure that you’re free and clear—and if you’re not, you will be able to figure out how to fix it.

Need help with your real estate transactions or have questions about the cause of your real estate dispute in Miami, FL? Ruben J. Padron, PA is here to help. Whether you’re interested in buying a new home or a subdivision, we can ensure your purchase is a smart one.

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