Real estate-related disputes are commonplace in the US. That is mainly because real estate deals and transactions involve many people, from homeowners to tenants, buyers, and the government. If not resolved amicably, real estate disputes can quickly turn into difficult legal battles.
The best way to deal with property disputes is to prevent them from happening in the first place and always to use carefully drafted contracts. However, certain disputes, such as when your property is condemned, may require seeking proper legal advice from an experienced attorney in eminent domain Texas. Below, we will discuss some of the most common real estate disputes:
1. Breach of Duty
Real estate professionals owe their clients a duty to act in their best interest. That means they should be familiar with their fiduciary duty and make sure they serve clients well. Breach of this duty means they don’t act in their client’s best interest, which could lead to numerous issues in a real estate deal.
They could end up misleading a client about a property’s condition, getting them in a bad deal, or making them miss out on a potential sale. They should prioritize their client’s interests over a third party’s. Most importantly, protect their client’s confidential information and inform them about any information that could be helpful to them.
2. Property Line Disputes
Property boundaries are another common dispute in real estate. This dispute is particularly common in cities and towns where property lines exist, making locating boundaries difficult. That is why property owners often grow trees or erect fences to act as property lines with their neighbors.
Not clearly defining a property’s boundaries before you purchase it or if your boundaries supersede the legal line can, over time, lead to disputes. For instance, if a neighbor builds their fence on your property by only a few inches could make them claim ownership of that section of your property. Hence, it is vital you get an appropriate survey done and hire an experienced attorney to help determine whether any disputes regarding your property line are likely to arise in the future.
3. Breach of Contract
Any real estate transaction requires the parties involved to sign a binding legal contract, whether buying or selling property. The contract typically lists the requirements and other important information that must be adhered to by the transacting parties. These contracts contain information like a description of the property, purchase price, and the closing date. A contract breach happens when parties fail to meet their obligations or fulfill the requirements. This way, you can sue them and be compensated for the losses.
Endnote
Many factors can cause property disputes. Knowing some of the most common property disagreements can help you prevent them. If you have disagreements over property, an experienced real estate lawyer can help you understand your legal rights and represent you in court. They will also review and draft contracts for you before getting into any real estate deal or transaction.
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