Residential real estate sales are an important aspect of home ownership. While they are necessary for the transfer of property from one party to another, residential real estate matters can also be a common source of legal disputes. Some types of residential real estate conflicts may include issues like:
Bear in mind that the laws governing residential real estate may vary greatly from region to region. This is especially true for specific areas of property law such as disclosure rules and professional standards for appraisals. If you are unsure of the laws in your area, you may wish to speak directly with a lawyer for clarification on your issue.
A main aspect of most residential real estate conflicts is that of the real estate contract. In any real estate transaction, a real estate contract is needs to be used so that the parties have a record of the terms of their agreement. A written real estate contract is generally required by law for the sale to be legally enforceable.
Thus, most real estate disputes will revolve around an analysis of the contract. If the parties can’t resolve their issues by reviewing the contract, they may have to resort to a lawsuit or judicial intervention. In cases involving mortgage debt or other types of debts, the property may even be sold through the instruction of the court.
Some common remedies in a real estate dispute may include:
Proving damages in a residential real estate dispute may be complicated. It usually requires much documentation and can involve issues like taxes and mortgage agreements. In some limited instances, criminal violations can also be involved, for example where one party acts with malicious intent.
Residential real estate conflicts can often be very troublesome to deal with. However, there can be a lot on the line in such disputes, and therefore it’s essential to contact a lawyer if you need legal advice. An experienced lawyer can help represent your interests in the event that you need to go to court. Real estate laws are different in each state, but your lawyer will be able to provide you with expert legal advice and assistance.
Last Modified: 01-19-2015 02:24 PM PSTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.