Common Types of Real Estate Disputes
At Braverman Kaskey Garber, many different types of business disputes come through the door. At the top of that list are real estate disputes. The plain truth is that, sometimes, the best laid plans about property go wrong.
Many Pennsylvania business attorneys can vouch for that and if you’ve ever wondered if you’re alone when it comes to a property dispute in Pennsylvania, you’re far from that. The Pennsylvania Bar’s real property, probate, and trust group is the largest sector of licensed attorneys in the state. That means that property disputes happen all the time, every single day.
With that number of practicing lawyers representing real estate interests, it should be a solid tip-off that any real estate dispute probably needs legal advice and representation. So, what are some of the most common types of real estate disputes?
Common Types of Real Estate Disputes
Any business attorney in Pennsylvania will tell you that real estate disputes can involve a wide range of different parties. Disagreements about property can include renters, homeowners, buyers, sellers, developers, investors, municipal, state and federal governments, HOAs, and neighbors. Property disputes can also arise from people that visit a property, as well as people that trespass on a property. More specifically, there are real estate disputes that are more common than others.
Dishonored Property Contracts
Real estate sales can involve selling, buying, leasing, or investing. Despite the transactional basis of the negotiation, it’s real estate. Therefore, a contract is woven within the deal somewhere. If it’s based on a sale, both buyers and sellers have stipulations about what each party is expected to do. It’s the same with rental. Both the tenant and the landlord each have a contractual obligation to uphold to honor the lease. Whenever a party violates the terms of a contractual agreement, it becomes a breach of contract. This type of dispute is one of the most prevalent kinds of real estate disagreements that end up in a courtroom. A business attorney Pennsylvania can assist you with this issue.
Joint Ownership
The beauty of partnering can often turn into a legal nightmare when co-owners disagree about property. However, these types of disputes are common in real estate. Disagreements about property shares and subsequent expenses aren’t unusual. This could include issues that lead to property liens and arguing about individual shares in co-owned real estate.
Co-owners often enter real estate agreements believing that each party will get their fair share. However, that is often disproven in the courtroom. This happens to be one of the most common real estate issues for which people hire legal counsel.
Fraudulent Real Estate Transactions
Unfortunately, fraudulent activity happens every day and that includes the world of real estate. Misrepresentation, hollow agreements and failure to honor promises are all part of the fraud landscape of real estate deals.
These types of disputes aren’t relegated to failing to honor contractual duties. It can also include omitting necessary information and false representation. All of these things are precluding factors that could render an original real estate deal null and void. However, one party will usually be held accountable for something of a fraudulent nature. Check in with a business attorney PA to make sure that you have not been a victim of real estate fraud.
Neighbor vs Neighbor: Property Line Disputes
A common type of property dispute involves neighbors being unable to decide where a property ends or begins — and who has rightful possession of that boundary line. Disagreements between neighbors can be tricky because at the end of the day, people still have to live next to one another. When issues become legal, it can extend an awkward situation into a contentious legal showdown.
Miscellaneous Property Issues
Real estate is a huge arena and the potential legal issues that come from it can be vast. A Pennsylvania business attorney can help you determine is a legal provision in your real estate agreement has been violated.
When legally licensed by the state, PA business attorneys are in the realm of practicing law that concern property disputes. If you or someone you know are looking for an attorney Pennsylvania, get in touch with us today.