What are some common causes of real estate litigation?

On Behalf of | Nov 5, 2021 | Real estate litigation |

Real estate disputes are common in the Toledo area. Whether you are residential property owner, commercial real estate company or a property management company you will probably be involved in a real estate dispute. Most real estate disputes can be resolved out of court but when both parties can’t agree real estate litigation becomes necessary.

There are some common causes of real estate litigation that include:

  • Breach of contract. Real estate agreements are contracts that contain several provisions. When either party fails to follow the terms of the contract the other party may have the right to sue for breach of contract.
  • Failure to disclose defect. When a person purchases property, the seller discloses any known defects about the property. If the buyer discovers a previously undisclosed defect, they may be able to pursue legal action against the seller. The buyer would need to prove that the seller knew about the defect when they sold the property.
  • Boundary dispute. When property lines are not properly identified, real estate litigation can occur. Sometimes the property line that a property owner uses is not the actual legal property line. Or property lines may have never legally been identified.
  • Breach of duty. Real estate agents have a legal duty to act in their client’s best interest. They may be able to sue for breach of duty if they negligently make a mistake that affects their client losing money or not disclosing important information to their client.

A legal professional who is skilled in real estate litigation understands their client’s situation and can provide the legal representation that they need.