Faqs real estate disputes buying selling property

How Often Are Real Estate Disputes Seen? What Are The Most Common Types Of Real Estate Disputes Seen?

Unfortunately, real estate disputes are seen all the time. There is a lot of truth to the old saying that good fences make good neighbors. People have issues with anything and everything you can imagine. From a dog barking, a tree branch that hangs over their yard and drops leaves in their backyard. A lot of such issues come up. Anything you can really imagine that could be as a result of two complete strangers living next to each other that you can think of, that’s a property dispute.

In the purchase and sale of property, the most common dispute is when the buyer finds something out about the property which the seller didn’t disclose. It could be something minor which the seller failed to tell them, but these issues can come up either during the process or near the end or shortly thereafter.

Examples could be an old water leak, mold or anything the seller should have disclosed to the buyer that the buyer found out.

Should Someone Use The Same Attorney Who Helped Them To Buy Or Sell A Property If They Believe They’re Going To Have A Claim After The Transaction Is Done?

Yes and no. A lot of the real estate attorneys don’t litigate. It may be solely the transactional side of it, so they may refer you to somebody else.

You should definitely start with the real estate attorney because they are the most familiar with the property and with everything that happened. They have got an entire file on it so they can look at it pretty easily and maybe give you some advice. They could also refer you to someone that would better handle the litigation but as a general rule, the transactional attorneys don’t litigate. 

Should Someone Contact Their Realtor Or The Buyer’s Or The Seller’s Realtor Before They Speak With An Attorney To Try And Resolve The Dispute On Their Own?

It would depend on the nature of the dispute and it will depend on the relationship you have with your realtor. Realtors are well educated on the fact that they are not to give legal advice.

You should definitely start with them, however, because they have a vast amount of experience in disputes and things that have happened. The agent can use their experience and talk to the broker, who is generally a very seasoned real estate professional, and they may give some advice to point them in a direction. They can say, “Yes, you should pursue it” or, “You should not pursue it” but it’s worth the conversation. Beyond that, it really gets into legal matters and what to do. They are going to always stop short and say, “I can’t give you legal advice. You just have to talk to an attorney”.

If you need information about Real Estate Disputes, And Buying And Selling Property, call the law office of Attorney Brian Douglas for an initial consultation at (770) 933-9009 and get the information and legal answers you’re seeking.