Guide To Real Estate Litigation

Guide To Real Estate Litigation

Guide To Real Estate Litigation

One of the most common causes of action for a real estate lawsuit is the breach of contract method. Most of the time the two parties will have either a written or an oral agreement which governs their business dealings together. The contract includes a purchase and sale agreement, a lease, a partnership agreement, and some agreements between one or more parties.

Normally in a breach of contract action, the plaintiff must establish an agreement but the defendant did not. The plaintiff is entitled to recover the damage. This is the common cause of action in a real estate litigation. A breach of contract action entitles the domain party to damage the specific performance which stimulates the court to force the other party. Because, in the law presumes the real property is unique. For example, if a party enters into a contract of purchase and sales agreement and later. refuses to sell the property. Then the buyer can seek an order from the court for the specific transaction.

The Partition is a lawsuit among the co-owners of a property. The Partition does not exist in the wrong allegation. Generally it allows the co-owners of a property to disengage from each other, through a buy-out or the sale of a property. The Partition actions are usually accompanied with an accounting request. If the parties are not able to reach an agreement for a sale of the property, finally the court will order the property to distribute equally among the owners.

Thus the partition also applies to the co-owners of a property, breach of contract and the breach of fiduciary duty which are used in the real estate partnership lawsuits. The property suit may be a partnership or in a limited liability company. The partners may have a partnership agreement for the LLC, Operating Agreement. Thus a breach of the partnership agreement is the breach of contract. Because the partners consists of certain heightened duties, a breach of fiduciary duty etc. So these conditions are suitable to the other party when there is a typical misrepresentation. In a real estate case this also involves a seller who provides a buyer with a false financial information or conceals a material defect in the property.

The Boundary disputes are the lawsuits which arises over the misunderstandings between the neighboring property owners where the boundary lines are entitled to use a certain piece of the land. So the Boundary disputes can be settled easily by a quiet title claim.

Thus the Real estate litigation can be a complex field. But the additional causes of action and remedies is applicable to all the situations. The additional statutes and laws applies specifically to the real estate transactions and lawsuits. However, you have to understand about the real estate attorney to discuss about your lawsuit perfectly.

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