Real estate legal issues can take many forms and can arise in many different situations. Some real estate issues can be resolved through negotiations or mediation or other types of dispute resolution methods.
However, some real estate issues require a court ruling, especially in cases where the parties can’t come to an agreement on the issues. These types of cases are based on a legitimate need by both parties to have the issues decided. Examples of these are where there are issues with the title to the home or with official boundaries for the property.
Other types of real estate issues may not be so clear, especially those that involve a difference of opinion or perspective. These might involve differences in the valuation of the home, or differences regarding contract term. In any event, real estate lawsuits need to be based on a legitimate legal dispute rather than any imaginary or invented issues.
Some real estate issues that often form a valid basis for a lawsuit include:
- Mortgage issues
- Illegal real estate fees
- Boundary disputes with neighbors
- Problems involving public utilities
- Issues with title to the property
- Issues with second loans or refinancing
- Foreclosed home proceedings
- Disputes involving the valuation of the home
Some real estate disputes require the involvement of other parties, such as home inspectors, insurance companies, and mortgage companies.
In addition to involving many other parties, some real estate lawsuits involve other legal issues as well. For instance, some real estate lawsuits may involve:
- Tax issues
- Wills and estates transfers
- Consumer fraud
- Criminal issues (especially for fraud or white-collar crime)
- Family law (this is common for divorce cases)
Thus, if you have any legal issues in one area, you may wish to check if it will affect your property rights and your real estate interests as well.
Some real estate cases can be fairly complex. You may wish to hire a property lawyer if you believe that you have a real estate issue that needs to be resolved. Your attorney can advise you on whether or not you may have a valid legal claim. Your lawyer can help when it comes to filing and other tasks, and can also advise you on your rights under your state’s laws.