What Types Of Disputes Can Lead To Real Estate Litigation?

When there is a problem with a real estate investment, the consequences can be serious and expensive for the parties involved. With so much at stake, it is vital to have a lawyer who is highly experienced in both negotiation and litigation fighting for your best interest. Real estate law is complex — to win your case, you need a professional with a track record of success.

Below are a few examples of causes for real estate litigation:

  1. Breach of real estate contract: When real estate is sold or construction starts, a contract has to be signed. If either party to an agreement fails to honor the terms of the agreement, a contract dispute often arises that could result in real estate litigation. Breach of contract is by far the most common cause of action for a real estate lawsuit. In a breach of contract lawsuit, the burden of proof lies with the plaintiff, who must establish the existence of a contract, that the other party failed to perform its obligation pursuant to the contract and that the plaintiff suffered damages as a result.
  2. Real estate fraud: Real estate fraud can be described as misrepresentation or concealment of material facts leading to or during a real estate transaction. This often includes being fraudulently induced into an agreement and real estate agents using fraudulent qualifications. Establishing the existence of fraud requires the assistance of a skilled litigator and proving the timing of the damaging conduct, reliance on the conduct and damages flowing from the conduct.
  3. Failure to disclose a defect: Real estate buyers are required to do their due diligence. If the property's sellers did not disclose material, not readily observable information, this could result in real estate litigation. In some cases, an undisclosed defect is serious enough to leave the property worth much less than the purchase price.

Other reasons include:

  • Faulty repairs
  • Disputes related to real estate commissions
  • Easement and neighbor disputes
  • Enforcement of purchase agreements
  • Breach of fiduciary duty
  • Boundary disputes

Tough, Experienced Attorneys For Litigation Involving Real Estate

If you have a concern or problem with real estate, you should talk to a lawyer about your legal options. Adler Wellikoff, is a boutique law firm in Boca Raton offering individuals and businesses experienced representation in real estate and litigation. We welcome the opportunity to offer guidance related to issues such as:

  • Real estate litigation, quiet title, mortgage fraud and real estate fraud
  • Commercial and residential landlord-tenant disputes
  • Title insurance claims and disputes
  • Lending disputes
  • Foreclosure defense/prosecution

Contacting Adler Wellikoff

To get answers to your legal questions, call our firm at 561-923-8600 or send us an email. We are licensed to practice in Florida, New York, New Jersey and Pennsylvania.