Real Estate Litigation

The process of buying, selling, or developing real property can be an extremely challenging area of the law because it can involve old common law, modern secured transactions, and/or lending regulations.  If you are a buyer, seller, or land developer embroiled in a real estate dispute or would like to take precautions to avoid conflict, we can work with you to ensure your money and property rights are adequately protected against adverse parties and claims.

On paper, purchasing real estate seems like a relatively straightforward transaction: make an offer, wait for acceptance, draft a contract, settle the deal and exchange the money.  However, each step of the purchase process represents a potential point of disagreement or misunderstanding.  We are adept at handling a wide variety of problems that may arise during the sale or purchase of a home, including:

  • Disputes occurring in the drafting and execution of a purchase contract
  • Handling a rescission or misrepresentation by the buyer or seller
  • Problems with the title or survey
  • State and local regulations, including compliance with zoning ordinances
  • Issues with a mortgage lender
  • Disagreements involving new home construction and implied or express warranties

Whether you are a seller with misgivings about the purchase contract, a buyer with questions about title, or a developer in a dispute with your current residents, working with a real estate litigation attorney is the best way to avoid and overcome conflict in a cost-effective manner.

In the context of residential real estate, we can handle even the most unusual of problems.  For instance, some buyers have run into complications with government entities over land use, requiring a land use appeal.  Instead of facing the land use appeals board on your own, an attorney can present your case and explain why your planned development or historical designation is within the municipal zoning laws.

We are similarly skilled in reviewing the results of a title search and taking appropriate action to clear clouds on your title.  A cloud on a title is a term referring to a potential claim or land interest by another party, which can result in the inability of a buyer or seller to settle the real estate contract.  More specifically, banks and lending institutions will generally not lend money for the purchase of a home if there appears to be a cloud on the title.  By working with a real estate litigation attorney, you can avoid or settle problems with adverse possessors, agricultural tenants, or creditors with judgments attached to the land.

In order to avoid potential pitfalls inherent in real estate transactions, we encourage you to contact our real estate firm for more information or to schedule a consultation.