When dealing with a real estate case, just saying something isn’t enough. You need solid proof. For real estate issues, certain documents serve as that proof. These may include:
- Purchase Agreement: When people decide to buy or sell a property, they need to be clear about what they’re agreeing to. That’s where a purchase agreement comes in. This document lists out important details like the price of the property when the deal will close, and any other special conditions both parties need to follow.
- Title Deed: Owning a property is a big deal, and the title deed is the official paper that says who the rightful owner is. If there are any doubts about who the owner is, this document serves as evidence of title in real estate.
- Property Survey: Have you ever drawn with chalk on the pavement? Property surveys are similar but more professional. A property survey is a detailed map that’s drawn by experts. It shows every nook and cranny of a property – like where a fence can go or where a tree sits. If neighbors ever argue about whose tree is on whose property, the property survey can settle the matter.
- Prima Facie Evidence: This is the kind of evidence that, at first glance, tells a story. It sets the scene and gives an initial idea of what might have happened. For example, if you walk into a house that’s up for sale and see a fresh coat of paint, your first thought might be that the owners wanted it to look nice for buyers. However, if someone tells you there was a water stain they covered up, then the story changes. This initial observation and assumption about the paint is like prima facie evidence.
- Parol Evidence: Imagine you decide to buy a house. The written agreement says the seller will include the kitchen appliances. After the handshake, they quietly mention that they’ll also leave behind the patio furniture for you. This unwritten promise about the patio furniture is like parol evidence. It’s information or promises that weren’t written down but were still made. If disagreements arise later about these unwritten promises, the parol evidence rule in real estate can be brought up to shed light on them.
How Will This Evidence Make My Real Estate Case Stronger?
Having the right documents is like having a strong team in a tug-of-war. Each piece of evidence adds strength to your side, pulling the decision in your favor.
Think of this as the rulebook for buying or selling property. When two people make a deal about a property, they write down the terms and conditions in this document. It includes details like price, any special requests, and the date by which everything should be finalized.
If any disagreements pop up later, this is the go-to document to see what was originally agreed upon. Imagine if you bought a toy set that’s missing pieces. The box or receipt will show what pieces should be inside.
This is the golden ticket for property owners. Holding this means the property is truly yours.
It has the name of the owner, a description of the property, and it might even have the owner’s signature.
Without this deed, you cannot claim that the house is yours. It’s like a proof of purchase.
Have you ever drawn a line on the ground during a game to mark territories? A property survey is kind of like that but way more official.
It’s a detailed map that shows the exact measurements of a property. It’ll mark where your property starts and where it ends.
If a neighbor claims a tree or a part of your yard is theirs, this survey can help settle the matter. It’s a guide that shows who owns what.
Prima Facie Evidence
This is like the opening scene in a movie. It’s the initial piece of evidence that tells the court, “This is the situation as it stands.”
It’s your first chance to show the judge that you have a strong case. Until and unless someone else provides evidence to counter it, prima facie evidence in real estate holds its ground.
For example, if there’s a dispute over a boundary line and your neighbor claims a part of your yard belongs to them, showing an official property survey that defines the boundary in your favor can be your prima facie evidence.
A verbal agreement is parol evidence. It’s the information that wasn’t written down in the main contract but was still agreed upon.
This can be handy when there are hidden promises or side agreements that need to be brought to light. It helps to fill in the gaps or add to the main story.
How to File Evidence in Court for a Real Estate Case
Dealing with evidence is tricky. It’s like trying to solve a puzzle. This is why lawyers are so important. If you have one, they’ll figure out the best way to show your proof to the court. But if you’re by yourself, you might miss some steps or get confused. Lawyers know the rules like the back of their hands.
What If This Is Not Accepted by the Courts as Evidence?
If the court doesn’t accept your evidence, there are still moves you and your attorney can make.
Below, we’ll go over some of the things you can do if the court has denied your evidence.
- Review and Correct: Sometimes, it might just be a simple mistake that’s causing the problem. Maybe a date is wrong, or a signature is missing. Take a closer look at your evidence. If you find an error, you can correct it and submit it again. Think of it as getting another turn in a game.
- Gather More Proof: If the court needs more than what you’ve provided, it’s time to go back and find more. Maybe there are other papers, photos, or witnesses that can help your case.
- Appeal the Decision: If you believe the court’s decision was wrong, you don’t have to just accept it. You can appeal, which means you’re asking a higher court to take a look. They’ll review everything and decide if the original court made the right choice. It’s a bit like asking for a referee in a game to make sure the rules are being followed.
- Seek Legal Advice: Always remember that lawyers are trained for these types of situations. They can guide you on the best steps to take next. If you’re feeling lost or unsure, it might be a good idea to talk to one. Think of them as a team coach who knows the best strategies to win.
So, even if at first it feels like a setback, don’t lose hope. Every problem has a way out, and sometimes, it’s just about finding the right path.
How Can a Lawyer Help Me With My Evidence?
This is where a lawyer comes to the rescue. Lawyers know the way through the court system, and they can help you avoid getting lost. They understand how to make your evidence strong and can advise you on what to do if there’s a problem.
If you need a lawyer, check out LegalMatch. We can connect you with the right real estate attorney for your case.