Purchase and Sales Agreements

When Is It Time to Litigate a Real Estate Dispute?

Real estate disputes can arise unexpectedly and potentially disrupt your property ownership or financial interests. While many disputes can be resolved through negotiation or alternative dispute resolution methods, there are instances when litigation becomes necessary. In this blog post, we will explore the circumstances in which it may be appropriate to pursue litigation for a real estate dispute. By understanding the factors involved, you can make informed decisions to protect your rights and interests.

Real Estate Dispute Instances 

Litigation is a legal process that involves bringing the dispute before a court, where a judge or jury will make a final decision on the matter based on the evidence and arguments presented. Litigation should be considered when attempts at negotiation or alternative dispute resolution methods, such as mediation or arbitration, have been unsuccessful. If the other party is unwilling to engage in good-faith discussions or reach a fair resolution, litigation may be necessary to achieve a satisfactory outcome.

In real estate law, a breach of contract occurs when one party fails to fulfill the obligations outlined in a valid and enforceable contract related to a real estate transaction or agreement. Contracts in real estate are legally binding agreements that establish the rights, duties, and responsibilities of the parties involved in a property transaction. These contracts can cover various aspects of real estate, such as buying or selling property, leasing, construction, development, property management, and more. When there is a clear breach of a real estate contract, such as failure to perform obligations or non-payment, litigation may be necessary to enforce the terms of the contract and seek appropriate remedies. This is particularly relevant when financial losses or significant damages are at stake.

Real estate disputes may arise when there are conflicting claims of ownership, boundary disputes, or challenges to the validity of a property’s title. Ownership disputes can be complex and may involve various legal and factual issues that need to be resolved through a court process. If negotiations fail to resolve these disputes and impact your ability to use or transfer the property, litigation can provide a legal process to establish ownership rights and address title issues.

If you have suffered property damage or are dealing with ongoing nuisances caused by a neighbor, contractor, or another party, and efforts to resolve the issue have been unsuccessful, litigation may be necessary. This instance refers to situations where one’s actions or negligence result in harm or disturbances. These issues can lead to disputes and legal claims, as they often infringe on the affected property owner’s rights and use of their property. Seeking compensation for damages or an injunction to stop the nuisance may require court intervention.

Litigation may be appropriate in cases involving fraud or misrepresentation in a real estate transaction. If you have been misled or deceived about critical information, such as property condition, liens, or zoning restrictions, and negotiations fail to resolve the issue, pursuing legal action can help seek compensation for your losses.

Protecting Your Rights & Legal Recourse

If you are facing a real estate dispute and need guidance on whether litigation is the appropriate course of action, our knowledgeable litigation attorney team is here to help. At UBFK Law, we protect your rights and investments. Contact us today for a free consultation. We are here to provide strong representation and support throughout the litigation process.

DISCLAIMER: The contents of this article were created to provide general information, it is not intended to create an attorney-client relationship and shall not be construed as legal advice. You should not act upon any information provided in this article without seeking professional legal counsel from an attorney licensed to practice law in your jurisdiction. No representations are being made as to the completeness or accuracy of the information contained in this article or on this site or sites linked hereto. If this pamphlet is inaccurate or misleading, report same to the Committee on Attorney Advertising, Hughes Justice Complex, CN 037, Trenton, NJ 08625. “No aspect of this advertisement has been approved by the Supreme Court of New Jersey.”
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