Montgomery and Bucks County Real Estate Litigation
Real estate litigation focuses on disputes arising from real property or interest in real property. Take, for instance, a dispute regarding a property purchase or ownership rights associated with a property. As a result, real estate litigation attorneys get retained for any number of legal property issues:
- Breach of contract
- Failure to disclose property defects
- Breach of duty
- Performance failures
- Boundary disputes
- Zoning disputes
- Landlord/tenant disputes
For example, developers may take issue with a municipality over land use and zoning. On the other hand, lenders may seek action for collateral recovery. Finally, property owners may litigate over repair obligations. If you're dealing with a property in Bucks County, Montgomery County, or the greater Philadelphia area, talk to a real estate litigation attorney at our law firm quickly if you encounter any legal issue, whether you're a buyer or seller.
Three Most Common Issues Requiring a Real Estate Litigation Attorney
As mentioned, any number of concerns may lead to litigation. But here's a look at the three most common situations requiring a real estate litigator.
Breach of Contract
Real estate contracts can get complicated and lengthy. With a real estate transaction, the contract terms may include specifics relating to title clearance, closing date, assets included, and more. When material to the contract, those contingencies may result in a breach. Generally, most real estate breaches stem from failing to close on time or failing to convey a deed.
Perhaps the most common issue leading to litigation, a breach of contract lawsuit requires the plaintiff to prove they have fulfilled all obligations while the defendant has failed to do so. So again, working with a real estate litigation attorney can increase your chances of obtaining a successful outcome.
Failure to Disclose Property Defects
If a buyer discovers an undisclosed defect following closing, they can take legal action against the seller claiming failure to disclose. Latent defects relate to issues a buyer could not find through a reasonable property inspection. Material defects concern issues that would help determine whether or not a buyer will purchase the property.
Examples of defects include roof holes, water damage, mold, and zoning issues.
For example, you must inform a buyer about a hole in the roof causing damage to the attic. Otherwise, you may face real estate litigation. Successful litigation requires the plaintiff to prove the defendant purposefully concealed the defect. Enlist an experienced real estate litigation lawyer to prove your case.
Breach of Duty
Agents and realtors must act in the best interests of their clients, not the seller or a third party. Indeed, the law obligates both to inform clients of information to make reasonable decisions about a property purchase.
In addition, they're obligated to retain sensitive information about those clients confidential, for example, financial information. Demonstrating negligence in any of these areas may create an adverse outcome resulting in a loss to the client. Those losses may justify litigation.
A landlord, for example, must carry out necessary repairs for tenants like a broken stair rail. As a result, failure to do so that results in injury may lead to a suit involving a real estate litigation attorney.
Our Law Firm Ranks Nationally for Real Estate Litigation
U.S. News awarded High Swartz a Best Law Firm ranking, including a national Tier 3 ranking for Real Estate Litigation. So, our Montgomery County and Bucks County real estate litigation attorneys bring the experience, local knowledge, and savvy to win your case.
Our expertise with real estate disputes covers the most common issues mentioned. But it extends even further to real estate litigation involving:
- Quiet title
- Adverse possession
- Boundary disputes
- Jointly owned real estate
- Title disputes
- Mechanics' liens
- Eminent domain
- Consentable lines
Our litigation practice covers the entire eastern half of Pennsylvania. Locally, we focus on Montgomery, Chester, Bucks, Delaware, and Philadelphia counties.
If you're facing a real estate dispute, talk to a real estate litigation attorney in our Doylestown, PA, and Norristown, PA, law offices. We can support you with your real estate dispute along with a host of other legal services.