Real estate transactions are significant events in one’s life, often representing major personal and financial milestones. These transactions, whether buying a home, selling a commercial property, or entering a leasing agreement, are complex. While most real estate transactions are completed smoothly, there are instances where things go awry, leading to disputes that may require legal intervention. 

When does real estate litigation become necessary? And how will you know when to call a real estate litigation attorney? 

When Things Go Wrong: Common Issues in Real Estate Transactions

A real estate transaction is a multi-step process involving various legal documents and financial considerations. The most common types of transactions include buying, selling, and leasing properties. Each type involves a legally binding contract outlining the terms and conditions agreed upon by the parties involved. These contracts are the foundation of real estate dealings, and their importance cannot be overstated.

Despite best efforts, real estate transactions can encounter problems, ranging from minor misunderstandings to serious legal disputes. Some common issues include:

• Breach of Contract: One party fails to fulfill their obligations under the contract (e.g., the seller does not complete agreed repairs before closing).
• Title Issues: Discovery of undisclosed liens or disputes over property boundaries.
• Non-Disclosure of Property Defects: Seller fails to disclose known issues with the property (e.g., foundational problems, mold).
• Fraud or Misrepresentation: Providing false information or intentionally misleading a party about the property’s condition.
• Disputes Over Earnest Money: Disagreements regarding the return or forfeiture of earnest money deposits.
• Zoning and Land Use Violations: The property is found to be in violation of local zoning laws or land use regulations.
• Real Estate Agent Misconduct: Allegations of negligence or unethical behavior by a real estate agent or broker.
• Financing Issues: Problems arising from mortgage arrangements, leading to a failure to close the transaction.
• Co-Owner Disputes: Conflicts among co-owners or heirs of a property regarding the sale or use of the property.
• Construction Defects in New Homes: Issues with newly constructed properties, such as poor workmanship or use of substandard materials.

Both parties stand to lose financially when a transaction dispute occurs, as real estate dealings can become delayed. 

The Role of Real Estate Litigation

Real estate litigation helps address and resolve disputes stemming from real estate transactions. The primary goal of real estate litigation is to provide a formal, legal avenue for resolving these disputes fairly.

Real estate litigation has two main objectives. First, it attempts to resolve disputes between parties involved in a real estate transaction. This resolution can take various forms, such as enforcing a contract, correcting a title defect, or determining the rightful ownership of a property. The process ensures that each party’s rights are respected and protected according to the law.

Real estate litigation also seeks compensation for damages incurred by one or more parties in a dispute. This could include financial losses from breach of contract, costs incurred from resolving title issues, or compensation for property value diminished by undisclosed defects. In cases of fraud or misrepresentation, punitive damages might also be sought as a deterrent against such behavior.

How Do I Know When It’s Time To Contact a Real Estate Litigation Attorney?

Knowing when to contact a real estate litigation lawyer is crucial in navigating property-related disputes. Key signs include encountering contract disagreements, title issues such as undisclosed liens or ownership disputes, or discovering significant, undisclosed property defects. Additionally, if you suspect fraud or misrepresentation in your transaction, face disputes with real estate agents or co-owners, or encounter construction, zoning, or land use issues, you should consult an experienced real estate lawyer to explore your legal options. A real estate litigation lawyer can provide essential guidance, help resolve disputes, and protect your legal and financial interests. The earlier you seek legal guidance, the better your chances of securing a successful outcome. 

Deciding to pursue litigation is a significant step. Considerations include the severity of the issue, the potential costs involved, and the likelihood of achieving a favorable outcome. Before you file a lawsuit over a real estate transaction, you should discuss your case with an experienced Houston real estate lawyer. Your attorney will review the details of your case, your contracts, and the evidence gathered to help you explore all your legal options. Alternative dispute resolution methods, such as mediation or arbitration, might be required as part of your contract. 

Contact Our Houston Real Estate Attorneys

Real estate litigation becomes necessary when there are significant disputes in property transactions. Whether you’re facing a breach of contract, a title dispute, or any other real estate issue, our team of experienced real estate lawyers is here to help.

We’ll guide you through every step and help you explore all your real estate options when a transaction dispute occurs. Contact us today to safeguard your investment and maximize your real estate opportunities. Let’s navigate this together.

Call us at 832-364-6234 or fill out our confidential contact form. We are here to safeguard your property and rights throughout the legal process.

Thomas H. Smith III

Thomas H. Smith III was born and raised in Arlington, Texas. He graduated from Texas A&M University in 2002 with a degree in Chemistry and a minor in Mathematics. He then attended the University of Houston Law Center where he served as an Articles Editor for the Houston Journal of International Law.

Tom began working at Roger G. Jain & Associates as a clerk in February 2004. When he graduated from UH Law Center in 2005, he continued here as an attorney, where he has worked through today. He is a trial lawyer, whose insight, analysis, and attention to detail have helped the firm obtain its favorable results. Read more here.