Real Estate Litigation
Providing Philadelphia, PA with a range of legal services.
Philadelphia Real Estate Litigator
Real estate litigation covers a lot of territory. It encompasses many disputes that can arise over the sale, lease, use or development of a real estate property. Real estate litigation is broken down into residential and commercial. Real estate litigation can apply to eminent domain, environmental cases, land-use cases, construction, insurance and finance- related issues.
Real estate litigation can take place among property owners, developers, investors, tenants, lenders and other parties involved in real estate.
Common Reasons for Real Estate Litigation
▪ Breach of Contract: In a real estate contract, there are terms of the contract. These terms can include things like title clearance, closing date, assets included in the transaction and so on. If there is a breach of contract, a lawsuit may be filed declaring there was a breach. When a lawsuit is filed for breach of contract, it is the plaintiff’s responsibility to prove that they have fulfilled their contractual obligations while the defendant has not.
▪ Negligence: An agent has the responsibility to act in the best interest of the client and not in the interest of a salesperson or other third- party. They must also keep sensitive information private. When an agent neglects to do so, they may be sued.
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Types of Real Estate Litigation
▪ Residential Transaction Dispute: When an agreement to buy a house falls through, the buyer and seller may not be able to agree on the consequences. These kinds of disputes can arise when the buyer later discovers an issue with the title or some sort of property defect.
Litigation can sometimes be necessary to get fair compensation, including for the following issues:
⁃ Breach of sale agreement
⁃ Fraud and non-disclosure
⁃ Payment disputes
⁃ Commission disputes
⁃ Lease agreements
⁃ Code compliance
▪ Zoning and Land Use Disputes: Real estate litigation can arise when the government requires developers or homeowners to abide by certain restrictions in order to get permits.
▪ Foreclosure: It can be necessary to file a lawsuit often during a foreclosure when owners fall behind on their payments.
▪ Breach of Lease: When non-payment of rent occurs it can be necessary to go to court in order to receive the payment you are owed.
As you can see, real estate litigation covers a lot. It’s important that you find an experienced real estate litigation attorney to guide you through the process and in order for you to get the most favorable outcome in your case.