Real Estate Dispute Resolution Methods
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What Are Real Estate Disputes?
Real estate disputes are legal conflicts that involve real property (i.e. property that is affixed to the land or a piece of land itself, as opposed to personal property). These types of disputes can involve properties that are worth large amounts of money. Many of these disputes can take a long time to resolve, and may involve many financial/court resources. Thus, it is often common for people involved in a real estate dispute to seek alternative forms of dispute resolution.
For instance, many real estate disputes involve a breach of contract when it comes to the sale of property. In such case, both real estate laws and contract remedies may apply, thus making the situation more complex.
How to Resolve Real Estate Disputes
In most cases, a damages award will resolve a real estate dispute. In a legal case, a damages award serves to compensate the non-liable party for losses. Other forms of resolving real estate disputes include:
- Injunctions (for instance, to cease additional construction efforts, etc.)
- Mediation or arbitration (this involves a neutral party to help facilitate discussions between the parties)
- Various fines or fees (these are common for city or state zoning/land use violations)
- Specific performance (i.e., requiring one party to perform their contract duties)
- Various other remedies, such as a judicial lien on the property
Is Dispute Resolution Available?
Whether you can take advantage of dispute resolution depends on the type of conflict involved. For instance, in a breach of real estate contract claim, the party may need to choose between a monetary damages award or specific performance. With mediation, the parties might be able to reach a conclusion based on their negotiations during mediation meetings. Also, state laws might influence which types of remedies are available.
Do I Need a Lawyer for Help with Real Estate Disputes?
Real estate disputes might involve a number of possible legal remedies. You may need to hire an experienced real estate attorney if you need help with any type of real estate conflict. Your attorney can research the laws in your area and can help determine your course of action. Also, your attorney will be able to represent you during court meetings and hearings if needed.
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Last Modified: 06-03-2015 01:24 PM PDT
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