The importance of having a team of real estate attorneys
Real estate litigation involves a dispute between buyers, sellers, landlords, tenants, and other parties involved in the ownership or use of residential and commercial properties. Processes involving real estate litigation are both complex and contentious, which highlights the importance of having a team of real estate attorneys with vast experience in the field to guide you through it.
The Saade Law Firm, P.A. has a team of seasoned real estate attorneys with practical business and legal experience in real estate matters. This article will take a deep dive into the most common causes for real estate litigation, key do’s and don'ts in real estate litigation, and the importance of hiring a real estate law firm.
Common Causes of Real Estate Litigation
Failure to Disclose Defects in the Property
In most states, including Florida, sellers are legally required to disclose any defects in the property, both known and non-evident ones, as they might affect the property’s market value. If the purchaser learns of an undisclosed property defect after closing, they can bring forward legal action against the seller. These types of cases are complex and hard to win because there must be evidence that the seller purposefully concealed said defect or that the defect is large enough that the seller should have known about it. This is where the experienced real estate attorneys at Saade Law come into play, with vast experience in the real estate market, they will help you navigate real estate litigation and protect your interests.
Breach of Contract
Contracts are a crucial component in real estate transactions and having a real estate attorney on your team is key in ensuring all contracts are correct, up to part, and looking out for every parties best interest. Contracts outline who is responsible for and obligated to do in the transaction and failure to abide by said contract can cost everyone involved a lot of time and money. A breach of contract is one of the most common reasons for real estate litigation, and to win the case you need experienced professionals on your side. To win this type of case, there must be evidence that shows your contractual obligation was fulfilled while the party being sued did not.
Zoning and Land Use
Zoning and land use disputes can involve different elements including zoning changes and building permits, which are regulated by local government authorities. Property owners, however, can challenge these regulations if they believe them to be unjust or overly restrictive.
When dealing with rental properties, issues between landlords and tenants might arise which can lead to litigation. These disputes involve things such as property damage, eviction, and rent payments. If the issue cannot be solved through mediation or negotiations, the parties may go to court to resolve the dispute.
Best Practices in Real Estate Litigation
Keep Record of Evidence and Documentation
Element is one of the most important elements in building a strong case, so make sure to gather any relevant document that can support your claim. This includes leases, financial statements, correspondence, contracts, and more.
Be Mindful of Long Term Implications
Real estate legal disputes can have long term effects for your financial health and property rights. Any decision made can have an impact that echoes for years. Work with real estate attorneys to develop a strategy that protects your interests and properties.
Hire a Team of Professional Real Estate Attorneys
It is best to have a team of attorneys from the beginning, before any type of dispute arises. If you do not and are faced with a dispute and potential litigation, be sure to seek legal advice early on in the process. Attorneys will guide you on the most effective legal strategies.
What Can Real Estate Attorneys Do?
When deciding to purchase or sell a property, it is important to consider hiring a real estate lawyer considering the complexity of the industry and how easy it is to make a mistake that can cost a lot of money and time in the long run. A real estate lawyer's job is multifaceted, but at its core, it's all about protecting and representing clients through real estate transactions. Here are some of the many ways an attorney can support you:
Handle Complex Paperwork
Real estate transactions involve a lot of contracts and paperwork, which can be overwhelming for a property owner or investor to handle by themselves. The correct paperwork must be completed in the correct manner and submitted to relevant parties within very strict deadlines. A failure to do so can result in costly consequences.
Additionally, several contracts will need to be drawn up and signed with different parties including lenders, local government agencies, property insurance companies, contractors , and more. An attorney will ensure all paperwork is in order and on time.
Keep Clients Informed
An attorney will keep you informed on complex legal processes and advise you toward the best decision for your interest. Attorneys can give you all possible avenues to solving a problem and their respective pros and cons, explain which laws are relevant in the situation, and be available to answer any questions or provide legal counsel.
Representation During Legal Disputes
One of the most important aspects of having a real estate lawyer is having legal representation in the event you run into legal troubles during the transaction. A real estate attorney will meet with the other party to explore a resolution by negotiation or prepare to take the case to court and represent you in the courtroom.
The attorneys at The Saade Law Firm have vast legal and practical business experience handling complex real estate transactions. Contact us to learn more.