If you own real property, whether commercial or residential, you already recognize its high value, and the importance of protecting it. In the event of a dispute involving the property, you may find yourself needing real estate litigation. While some real estate disputes can be resolved out of court, the sad reality is that these disputes often require litigation. If you are in this unpleasant situation, Stevenson Smith Hood Knudson, P.C. can help.
Real estate-related disputes can take many forms, sometimes as simple and straightforward as a breach of contract. One of the most common breaches of a sales contract is the failure to disclose property defects. Boundary disputes are also quite common.
Many bitter and protracted legal disputes have been waged over the proper location of a fence. Other matters can include unresolved title defects, landlord-tenant disputes, restrictive covenants, mineral or natural resource rights disagreements, easements, and instances of nuisance. Whatever the reason you may need real estate litigation, the attorneys at Stevenson, Smith, Hood, Knudson, P.C. attorneys can assess the details of your case and advise you as to the best solution under your particular circumstances.
Breach of Contract
When agreed-upon terms and conditions of a binding contract are violated, the wronged party may sue for breach of contract. This can apply to both oral and written contracts in a variety of settings. Examples include breaches of a real estate sales contract, actions in direct violation of a lease agreement, or failure to adhere to the terms of a homeowner association agreement.
Failure to Disclose Property Defects
In real estate transactions, there is usually a requirement on the seller to make extensive disclosures of any defects or problems associated with the property being sold.y. Failure by the seller to make full disclosure deprives the buyer of important knowledge they need to ensure they are entering a bargain with which they can be satisfied. That is why the law often has severe remedies against a seller who causes damage to a buyer’s interests by failing to disclose. Claims involving a failure to disclose are very fact-dependent, and can be difficult to prove. An experienced attorney can vastly improve the odds of your success.
Real Estate Litigation is Complex, Specialized, and Risky
If you find yourself in the unfortunate position of having to litigate over real property, do not attempt a DIY approach. Even more so than in other areas of law, the stakes are high in matters of real estate. Most of the time, neither party can afford to simply walk away from their claims and agree to the demands of the other. Seek out competent legal counsel to represent you. To learn more, please reach out to us at Stevenson Smith Hood Knudson, P.C.
