The process of buying, selling or developing real property is one of the most complex areas of the law as they involve old common law and modern secured transactions as well as lending regulations. If you are a buyer, seller or land developer embroiled in a real estate dispute or would like to take precautions to avoid conflict, our real estate litigation attorneys can work with you to ensure your money and property rights are adequately protected against adverse parties and claims.
On paper, purchasing real estate seems like a relatively straightforward transaction: make an offer, wait for acceptance, draft a contract, settle the deal and exchange the money. However, each step of the purchase process represents a potential point of disagreement or misunderstanding. Our real estate litigation attorneys are adept at handling any problems that arise in the sale or purchase of a home, including:
- Disputes occurring in the drafting and execution of a purchase contract
- Handling a rescission or misrepresentation by the buyer or seller
- Problems with the title or survey
- State and local regulations, including compliance with zoning ordinances
- Issues with a mortgage lender
- Disagreements involving new home construction and implied or express warranties
Whether you are a seller with misgivings about the purchase contract, a buyer with questions about title, or a developer in a dispute with your current residents, working with a real estate litigation attorney is the best way to avoid and overcome conflict in a cost-effective manner.
In the context of residential real estate, our attorneys can handle even the most unusual of problems. For instance, some buyers have run into complications with government entities over land use, requiring a land use appeal. Instead of facing the land use appeals board on your own, an attorney can present your case and argue why your planned development or historical designation is within the municipal zoning laws.
We are similarly skilled in reviewing the results of a title search and taking appropriate action to clear “clouds” on your title. A cloud on a title is a term referring to a potential claim or land interest by another party, which can result in the inability of a buyer or seller to settle the purchase contract.
Clouds can include an old mortgage or deed of trust with no recording showing the secured debt was paid off, a failure to properly transfer all interests in the real property (such as mineral rights) to a former owner, a previous deed which was improperly written or signed, an unresolved legal debt or levy by a creditor or a taxing authority, or some other doubtful link in the chain of title.
Banks and lending institutions will generally not lend money for the purchase of a home if there appears to be an apparent cloud on the title. By working our experience real estate litigation attorneys, you can avoid or settle problems with adverse possessors, agricultural tenants or creditors with judgments attached to the land.
In order to escape the many lurking pitfalls inherent in real estate transactions, we encourage you to contact our real estate firm for more information or to schedule a consultation.