Real estate deals can be exciting as well as complex. You may encounter disputes when buying or selling property, leasing an area, or managing property. They can be anything from minor misunderstandings up to major legal battles and can disrupt your real estate plan. This blog will explore the most common real-estate disputes and offer advice on how to effectively resolve them.
Boundary Disputes
Boundary disputes are one of the most common types of real estate disputes. They occur when neighbors disagree about property lines, easements or encroachments. These disputes can be resolved by:
Examine your deed of property and survey. Start by reviewing your deed of property and a survey that was conducted recently. This can clarify boundaries and provide a basis for discussion.
Communication with your neighbour: Be polite and open the lines of communication. A friendly conversation may lead to an acceptable solution for both parties.
Mediation is an option if you are unable to resolve your disagreements with your neighbor. A neutral third-party can facilitate a compromise to avoid expensive litigation.
If all else fails you might need to go to court. Consult an attorney who is familiar with real estate law in order to protect your rights.
Contract Disputes:
Contract disputes may arise in any real estate transaction. For example, during the sale or purchase of a property or when negotiating a lease or contract for construction. Contract disputes can be addressed in the following ways:
Read the contract carefully: Take the time to read the contract and understand all the terms, obligations and responsibilities.
Negotiate: When issues arise, negotiate with the other side to find a solution that is mutually beneficial. It may be necessary to amend the contract, or add additional terms.
Arbitration: Many real estate contracts contain clauses that allow for the resolution of disputes through arbitration or mediation, which is often faster and less expensive than litigation.
Litigation: If you have no other option, litigation is a good last resort. However, it can be costly and time-consuming. You can consult with a contract lawyer to help you navigate the process.
Landlord-Tenant Disputes:
Landlord-tenant conflicts often revolve around rent, maintenance and repairs, security deposit, lease violations, and other issues. To resolve these disputes:
Consult the lease contract: The lease agreement will help you understand your rights and responsibilities.
Document everything. Keep track of all communications, repairs and transactions relating to the property.
Communication with the other party is important. Open communication often leads to a solution. Talk to your landlord or your tenant about your concerns and issues. Try to find a common ground.
If communication fails, consider mediation or other dispute resolution services.
Legal action: Consult a real estate lawyer who is an expert in landlord-tenant laws to determine the best action.
Real estate disputes can be a regular occurrence. However, they do not have to ruin your plans for buying a home. You can resolve many of these disputes without resorting time-consuming and expensive litigation by being proactive, encouraging open communication and evaluating alternative dispute resolution techniques. Consult with a lawyer when necessary to protect your interests and rights. Resolving real estate conflicts efficiently is crucial for a positive real estate experience.
This article was written by a Bonardi & Uzdavinis professional. Bonardi & Uzdavinis LLP, a boutique full-service law firm, provides its clients a variety of legal representation. Our main areas of practice are real estate, probate and personal injury. We also handle construction litigation, commercial litigation, and commercial disputes. Contact us for a free case evaluation if you need a real estate lawyer or St. Petersburg personal injury attorney.