Real Estate Litigation Lawyer in Mission Viejo, CA
If you’re facing a real estate dispute, it’s important to get in touch with a real estate litigation lawyer in Mission Viejo, CA. These disputes can be stressful and cost a lot of money, so it’s important to have someone knowledgeable and experienced on your side. Here are some common causes of real estate disputes.
Not Disclosing a Defect on a Property
The seller of a property has a legal duty to tell a buyer about defects on a property. Defects may include roof damage, condensation on windows, failed gutters and rotten wood. If the seller fails to disclose defects and the buyer discovers a defect after closing on the property, the buyer has a right to pursue legal action.
Breach of Contract
A breach of contract is one of the most common causes of real estate litigation these days. Real estate contractors may include specific details related to title clearance, closing date and other important matters. If one of the parties fails to fulfill a contractual obligation, that person may face a lawsuit. To avoid accidentally breaching a contract, both parties should have a skilled real estate lawyer review the contract and fully explain the clauses.
Negligence or Breach of Duty
Negligence or breach of duty litigation cases typically involve real estate agents. These agents are expected to act in the best interest of their clients and keep their personal information private. If a real estate agent breaches this duty, he or she may face a lawsuit. For instance, if a real estate agent knows about a defect on a property and doesn’t inform the buyer, that buyer may get a real estate litigation lawyer in Mission, Viejo, CA involved.
When the property lines haven’t been specified during a real estate transaction, it can lead to disputes. For example, the boundary lines may not have been correctly registered. To prevent these types of disputes, you should research legal boundaries of a property before purchasing it.
How to Avoid Litigation in Real Estate Contracts
Nobody wants to deal with real estate lawsuits. Contract disputes are one of the most common causes of real estate litigation. When a buyer or seller does not follow the terms of a contract, the other party may decide to pursue a lawsuit. This can be costly and stressful. Here are a few tips to avoid litigation in real estate contracts.
- Draft a contract with clear language. The first step to avoiding litigation with real estate contracts is to create a clear and complete contract. If the contract is ambiguous and confusing, problems can arise later. When drafting a contract, make sure that it states exactly what you want it to say and do not leave any details out. A skilled real estate litigation lawyer in Mission Viejo, CA can help you establish a clear and complete contract.
- Follow the terms of the contract. Although this may seem obvious, some people ignore the terms of their real estate contract after a while. They might not complete the closing by deadline or fail to schedule an inspection on time. It is important to completely understand the terms of a contract before signing anything. If you are not comfortable with a term in the contract, you should discuss it with your lawyer and other party promptly.
- Make changes to the contract in writing. There may come a time when you or the other party will want to make amendments to the contract. That is perfectly fine as long as you do this in writing. If you rely on a verbal agreement, you may experience problems in the future. The other party may argue that he or she never agreed to the changes and take you to court. On the other hand, if you put everything in writing, it can help you avoid litigation in the future.
- Consult a lawyer about any concerns. If you have any concerns about your real estate contract, do not hesitate to talk about them with a qualified lawyer. If you are unsure if something in the contract is fair or not, bring the matter up to your lawyer. He or she is there to help you and prevent you from making costly mistakes. You can reduce the risk of litigation this way.
Do You Have a Real Estate Dispute?
Nobody wants to deal with real estate disputes, but they sometimes can happen. If you’re considering bringing a lawsuit, it’s important to consult an experienced real estate litigation lawyer. He or she can review your case and advise you the best way to proceed.
Schedule a consultation with a real estate litigation lawyer in Mission Viejo, CA today. Call Heritage Law, LLP today!