the realm of real estate, various disputes and issues can arise that may necessitate litigation. These disputes can involve different parties, such as buyers, sellers, landlords, tenants, developers, contractors, and homeowners’ associations. Here are some common types of real estate disputes that often end up in litigation
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Breach of contract
Disputes may arise when one party fails to fulfill their obligations as outlined in a real estate contract. This could involve a buyer or seller backing out of a deal, failing to make required payments, or not delivering the property as agreed upon.
Property defects
If a property has undisclosed defects or issues that were not properly disclosed during the sale, the buyer may file a lawsuit against the seller for misrepresentation or fraud. This can include structural problems, water damage, mold, or other hidden issues that affect the value or habitability of the property.
Title disputes
These disputes typically involve conflicting claims to the ownership of a property. They can arise due to errors in public records, boundary disputes, or undisclosed liens or encumbrances on the property. Title disputes can also occur when multiple parties claim ownership of the same property.
Landlord-tenant disputes
These disputes can arise from various issues, such as non-payment of rent, lease violations, eviction proceedings, property damage, or breaches of lease agreements. Both landlords and tenants may initiate litigation to protect their rights and seek remedies.
Construction disputes
These disputes often involve disagreements between property owners and contractors or subcontractors regarding the quality of work, delays, cost overruns, or failure to meet contractual obligations. Construction defects, design flaws, or disputes over change orders can also lead to litigation.
Zoning and land use disputes
These disputes typically arise when property owners or developers clash with local government authorities or neighboring property owners over land use regulations, zoning restrictions, building permits, or variances. Litigation may be necessary to challenge or defend against these restrictions.
Homeowners’ association (HOA) disputes
Homeowners may find themselves in conflict with their HOA over issues such as non-payment of dues, architectural restrictions, maintenance responsibilities, or enforcement of rules and regulations. HOAs may also face litigation from homeowners challenging their decisions or alleging mismanagement.
Eminent domain
When the government exercises its power to take private property for public use, disputes can arise over the valuation of the property, the necessity of the taking, or the compensation offered to the property owner. Property owners may seek legal recourse to challenge the government’s actions.