Real estate transactions often include significant amounts of money, and these transactions are typically among the largest in an individual’s life. Whether you are a new homebuyer ready to purchase the home of your or a new business about to sign a lease, a real estate dispute can result in expensive legal issues and consequences.
Many of the more common real estate disputes can be avoided by a cautiously worded contract, although even that cannot ensure the prevention of these Seattle real estate law disputes –
- Contract Disputes – a real estate lease agreement or purchase and sale contract are examples of a legally-binding contract. If any of the parties to the contract fails to meet the obligations or terms delineated in the executed contract, they can be sued for breach of contract. A Breach of Contract is defined as the failure to perform promises without legal excuse. An appropriately constructed contract is critical to pursuing damages for the losses sustained from a breach of contract.
- Specific Performance – specific performance is a civil, court-ordered legal remedy that can be used when no other remedy (i.e., monetary compensation) can sufficiently compensate the injured party. It requires a person to do what was promised in the contract to make the plaintiff whole. When the remedy to the sale is not monetary, or the damages are unclear, specific performance can make the other party perform the material action denoted in the legal agreement. This may include forcing a seller to give up the property in real estate.
- Real Estate Fraud
Fraud is prevalent in every industry, which includes real estate. Fraud occurs in real estate when one person intentionally and knowingly misrepresents (this would include non-disclosure and concealment as well) the property and that the other party relied on this misinformation in their decision-making, which resulted in a loss.
Fraud is prevalent in every industry, which includes real estate. Fraud occurs in real estate when one person intentionally and knowingly misrepresents (this would include non-disclosure and concealment as well) the property and that the other party relied on this misinformation in their decision-making, which resulted in a loss.
- Boundary Disputes – boundary issues are as old as property ownership. These territorial disputes occur between owners of adjoining real estate properties with at least one boundary, focusing on the exact line delineating one parcel from another. The most common cases involving Seattle real estate law and boundary disputes include civil trespass, encroachment, declaratory relief, adverse possession, quiet title, or boundary by acquiescence.
- Zoning Issues – The first zoning ordinance was in NYC in 1916 but has now been adopted across the country in every major urban area. Zoning regulations/restrictions are set by the local government to manage and direct property development within their defined jurisdiction. Examples of restrictions in zoning include restrictions on frontage, side, and back lines of lots; minimum lot area; off-street parking; the number of buildings per lot, to name a few.
- Co-owner Disputes – Real property owned by one or more people may result in one or more owners in an ongoing disagreement about several related issues. These may include the use of the property, the management of the property, or one of the owner’s inability to meet their portion of the property’s monthly debt. The legal solution in these situations is often a ‘Partition Action,’ which is a lawsuit used to decide each owners’ rights/obligations as joint property owners.
- Title Defects – A title defect is defined as a potential threat to the current owner’s full claim and enjoyment of the property. Title defects are typically publicly recorded. A title defect may include an outstanding mechanic’s lien, a public record error, missing heirs, judgments, or mortgages. Each of these may create a legitimate claim to the property by someone other than the current owner.
What To Do If You’re In A Property Dispute
Property disputes that happen over small or less expensive matters can often find a resolution outside the court system. In an ideal situation, both parties come to the table in the spirit of cooperation and civility to avoid what may result in a protracted and expensive legal battle. The reality is that many property disputes that appear to be headed to court may just be a simple misunderstanding.
If you find yourself involved with another property owner that may include a complex legal matter, there are several steps you can try as you reach for a solution. Speak with the neighbor who has an issue to ensure you completely understand their complaint.
If you cannot easily resolve a Seattle property dispute issue on your own, you may want to hire a Seattle real estate attorney. A lawyer can send a demand letter requesting compliant action from the other party, file a complaint, and begin to prepare for litigation or mediation. Additionally, the attorney has the option if the case warrants to submit a quiet title action (referred to as a ‘friendly lawsuit’). A quiet title action is a particular type of legal proceeding that determines the legal and rightful owner of the subject property should there be an unmarketable title or a break in the chain of title.
