Real estate transactions are often the biggest deals that a person makes in their lifetime. Whether it is buying or selling a residential home or commercial real estate, Missouri real estate disputes do not always go smoothly. At the Johnson Law Firm, our team of dedicated real estate attorneys have managed all types of real estate disputes and can provide top-tier representation for your case. To learn more, call or contact our office today to schedule a consultation.
Breach of Contract
One of the most common disputes is a breach of contract claim. All real estate transactions are contracts, and the sales contract for the property will contain a number of provisions that both the buyer and seller must complete in order to move forward with the sale. Common terms in a real estate contract include matters of title, closing date, clearance, and financing. If one party fails to uphold their side of the bargain, they can be found in breach of contract.
Failure to Disclose a Defect
Another common dispute involves the failure to disclose a defect on the property. Sellers are required to disclose material defects that they know or should have known about the property. The buyer must be able to prove that the seller willfully concealed the defect in order to collect damages for the issue. Common property defects include holes in the roof, mold, leaks, and improvements that never received the proper permits.
A third common real estate dispute are boundary disputes between neighbors. In some cases, property boundaries are not recorded properly, and other times a practical property line was used that was not the legally registered property line for the real estate. This can lead to disputes between neighbors, and an experienced real estate attorney can help research the correct property lines as well as assist in resolving disputes.
Real estate disputes have a contract remedy specific for unique items known as specific performance. When a party to a real estate transaction fails to perform their part of a real estate contract they can be compelled by the court through specific performance to fulfill their end of the transaction. One common example is a buyer compelling specific performance after fulfilling their side of an agreement and the seller refuses to give up the property.
The last common real estate dispute is an issue between co-owners of a property. Co-ownership of real estate can arise when a married couple purchases property, siblings inherit real estate, or partners invest in real estate together. When issues arise, it may require a partition action or other litigation to resolve. To learn more, talk to our office today.
Call or Contact Our Office
Are you involved in a real estate dispute in the St. Louis area and in need of legal assistance? The experienced real estate attorneys at the Johnson Law Firm are here to help. Call the office or contact us today to schedule a consultation of your case.