Real estate litigation issues can encompass a wide range of legal topics and conflicts. This is because real estate transactions are complex interactions that involve many different laws, legal rights, and policies. Real estate litigation intends to resolve these legal disputes using the court procedures and mechanisms. A typical real estate lawsuit will end with a damages award being issued from one party to another.
When it comes to real estate litigation, one of the main subjects of contention is the real estate contract. This is the contract that governs the various terms and conditions related to the sale of the property and the transfer of title. This should be clearly written in order to avoid disputes over legal issues.
Besides contract disputes some common real estate litigation issues may include:
- Mortgage disputes and defaults
- Foreclosure issues
- Implied warranties (such as whether the house is livable or not)
- Disputes over penalty clauses in the contract
By far one of the more litigated issues is that of foreclosure. In many cases, it can be contestable whether or not a house should be up for foreclosure. Thus, it may become necessary to file a lawsuit to determine whether foreclosure should be prevented, or whether it should be allowed to proceed.
On the other hand, filing a frivolous lawsuit in order to delay foreclosure is never a good idea. This is generally against the law and may lead to legal penalties such as a contempt order, or even criminal penalties. A frivolous issue is one that is not likely to succeed in court, or one that lacks sufficient evidence to be taken seriously in court.
Real estate litigation issues need to have serious merit in order to be filed in court. This means that there should be a good chance that the plaintiff will actually succeed on their claim if they file the lawsuit. Filing a frivolous lawsuit can cost the court as well as both parties precious time and resources.
Real estate claims can sometimes involve very complex legal issues. Real estate litigation issues are best handled by an experienced and qualified real estate lawyer. You may need to hire an attorney in your area if you need help filing a claim, or if you need assistance during the actual litigation process.