Most real estate lawsuits never end up in court. Instead, they are resolved through dispute-resolution processes like mediation.
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Individuals and businesses may find themselves involved in a real estate lawsuit when they experience a problem buying, selling, renting, or leasing a property. These cases often arise from issues related to property ownership, contracts, construction, or zoning that can’t be resolved through mediation. A real estate lawyer can guide you through a real estate lawsuit and protect your legal rights.
A real estate lawsuit is a claim brought against a party to resolve an issue that involves a house, land, or some other form of real property.
Real estate lawsuits can include both commercial and residential real estate and cover a variety of disputes involving real estate transactions, property boundaries, property defects, or seller non-disclosure.
Most real estate lawsuits never end up in court. Instead, they are resolved through dispute-resolution processes like mediation.
If mediation does not work, both sides will have a chance to convince a judge or jury that they are right and receive a formal judgment.
Real estate lawsuits involve all aspects of real estate law and the real estate industry.
Some broad real estate case types include:
A real estate class action lawsuit, Moehrl v. The National Association of Realtors, accused the National Association of Realtors (NAR) of conspiring to raise commission rates. NAR has agreed to pay a $418 million settlement and modify its rules, changing how commissions are handled in real estate transactions.
A number of unresolved issues involving the real estate industry can lead to a real estate lawsuit.
Here are some of the most common issues that can cause real estate lawsuits:
Regardless of the cause of your dispute, a real estate attorney can help you protect your rights and represent you in a real estate lawsuit. Additionally, they can advise you on how to protect real estate from a lawsuit.
Several different parties may take part in a real estate lawsuit. The person or business who files the lawsuit is known as the plaintiff, while the party the suit is being filed against is known as the defendant.
Parties who are often involved in real estate lawsuits include: If parties cannot be present during the lawsuit process for some reason, they may have a spokesperson appointed to serve on their behalf. Each lawsuit will resolve a bit differently from others since the remedy for each case is unique to the situation and the claim. However, here are the basic steps involved in a real estate lawsuit. Before starting your lawsuit, you should review any relevant evidence, including photos, contracts, property records, or written correspondence with the party you’re bringing the claim against. Tip: Scour public records to find vital information about the property’s title history, if applicable. The title history may offer information about ownership, liens, and encumbrances that may affect the title and your case. A real estate lawyer can review your case and provide legal advice on the best way to resolve your dispute. Many real estate lawsuit cases are complex. An attorney experienced in real estate matters can improve your chances of a favorable outcome. Attempting to resolve your real estate case through arbitration or another alternative dispute-resolution method before heading to court will save you time — and likely money and stress. Some real estate contracts contain mandatory arbitration agreements, which require parties to negotiate with each other to resolve a problem. Again, a real estate lawyer can help you with this process. If you have been unable to resolve your dispute, a real estate law firm or lawyer can file a lawsuit on your behalf. Your lawyer can advise on where to file for the best results and keep you informed as your suit moves forward. Your lawyer may try to settle your lawsuit. A settlement can occur at any stage of the litigation. The stronger your case, the more likely the other side will agree to a settlement. Some advantages of real estate lawsuit settlements include: Real estate lawsuits offer a number of protective and restorative benefits when successful. Some benefits of taking legal action include: People who file lawsuits with help from a real estate lawyer will be able to rely on the lawyer’s guidance and expertise. An experienced lawyer can help you get through the real estate lawsuit process with ease and fight for the best possible outcome. A real estate dispute can be frustrating and costly. Knowing the potential benefits of a real estate lawsuit can help you determine if filing a suit is the right decision for you. It’s difficult to say how long a real estate lawsuit will take. However, it’s not unusual for a case to take a year or more to make its way to a courtroom. The court in which the suit is filed plays a large role in how long the lawsuit will take. A real estate lawyer should be able to tell you the timeline for your specific lawsuit. The most common real estate disputes are breach-of-contract disputes, boundary issues, non-disclosure issues, and landlord-tenant conflicts. Other disputes stem from issues with real estate agents and brokers, such as commission rates, problems with a “for sale” sign, home values, and non-disclosure agreements. A real estate broker lawsuit is one way for affected homebuyers and sellers to obtain justice. You may be able to settle a real estate lawsuit by negotiating with the other party or through arbitration or mediation. These methods are less expensive than taking a case to court and result in quicker resolution. No, you don’t need a lawyer for a real estate lawsuit. However, working with a lawyer provides several advantages as real estate litigation can be complex and difficult for the average person to understand. A lawyer can offer legal services such as drafting a lawsuit, filing it in the right court before any deadlines, and negotiating on your behalf as the suit moves forward. They can also represent you in court and fight for the best possible outcome. The cost of a real estate lawsuit depends on several factors, such as the case’s complexity and length and the lawyer’s fees. It is always best to seek a real estate law firm with an upfront fee agreement before signing a contract with them to avoid any unanticipated costs.
The Real Estate Lawsuit Process
1. Review Case Evidence
2. Meet With a Real Estate Lawyer
3. Consider Alternative-Dispute Resolution
4. File a Real Estate Lawsuit
5. Engage in Settlement Negotiations
Benefits of a Real Estate Lawsuit
Real Estate Civil Lawsuit FAQs
How long does a real estate lawsuit take?
What are the most common real estate disputes?
How do you settle a real estate lawsuit?
Do you need a lawyer for a real estate lawsuit?
How much will a real estate lawsuit cost?
Fact-Checked and Legally Reviewed by: Rae Theodore
Rae Theodore is a writer and editor with more than 30 years of experience in legal publishing. She earned a bachelor’s degree in English from Pennsylvania State University.