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What Does a Real Estate Attorney Do?

Landmines of lawsuits, mediations, and court battles are always a possibility with real estate disputes. Real estate attorneys who specialize in disputes handle all areas of these resulting conflicts.

Legal altercations of any nature can be frustrating and time-consuming. Real estate disputes are no different. In fact, these conflicts can prove even more challenging as the litigation is often complex and has severe financial consequences. If you are involved in a real estate dispute, you need an attorney specializing in real estate disputes.

What are Real Estate Disputes?

Real estate disputes are legal conflicts that involve land or items attached to land. There are many types of disputes involving real estate that can lead to litigation. These include:

  • Wrongful foreclosures;
  • Conflicts in reverse mortgages;
  • Disputes over owner financing agreements;
  • Title insurance disputes;
  • Breach of contract lawsuits;
  • Fraud and negligent misrepresentation claims; and
  • Disputes over real estate investment agreements. 

Another area of real estate disputes includes construction defect cases. Usually, these involve alleged imperfection in design, quality of work, or materials regarding a home or building to the point that it causes actual financial damage to the property owner. The National National Law Review, a highly valued legal publication, keeps running updates regarding construction law because it is a complex and often-litigated area of law.

What Does a Real Estate Attorney Who Specializes in Disputes Do?

The types of disputes mentioned above, and real estate disputes in general, require the attention of specialized lawyers. Only experienced real estate dispute litigators have the skillset and training to address the sphere of legal and financial issues that are key in these disputes.

A prominent Dallas real estate attorney versed in these cases knows how important it is that aggressive and competent real estate dispute attorneys address real estate feuds. Only these lawyers can best protect a client’s rights and interests.

A bungalow court in Pasadena, CA. Photo by Payton Chung, via Flickr. CC BY 2.0, colors adjusted.

Also, unlike lawyers who handle only basic real estate transactions, real estate attorneys who focus on disputes are litigators. This means they are trial attorneys who can fully address things like:

  • Jury or bench (judge) trials,
  • Arbitrations,
  • Negotiations,
  • Injunctions, and
  • Summary judgments.

They fight to protect their clients, in and out of court, and should understand all litigation areas involving real estate.

Aren’t Real Estate Disputes Just Between Big Companies?

Real estate transaction disputes involve everyday people. Their cases can drag on for significant periods and cost all parties time and money. Let’s look at a well-known case published on a site for lawyers. It is the story of two families involved in the selling and purchase of a home. 

The purchasing family pulled out of the deal to buy a home after finding that there was an issue with the drainage. The sellers would not return the buyers’ deposit. The buyers alleged that the sellers misled them. The sellers said the buyers were breaking their contract. And so it began.  

What started as a standard offer to buy property and payment of a deposit turned into a legal entanglement involving claims, counterclaims, and appeals. This legal battle lasted over 7 years! The moral of the story is that anyone can end up in a real estate dispute and find themselves in need of a real estate attorney. 

Landmines of lawsuits, mediations, and court battles are always a possibility with real estate disputes. Real estate attorneys who specialize in disputes handle all areas of these resulting conflicts.

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