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Real Estate Dispute Lawyer in UT, CA, SC, & NY

"Real estate investment has long been a cornerstone of financial success, with approximately 90% of millionaires attributing their wealth in part to real estate holdings."  Real estate, whether residential or commercial, is often the single largest investment a person or business can make.  Fortunes can be made or lost.  Real estate transactions, like purchases, mortgages, leases, or a 1031 exchange or DST, must adhere to rules, regulations, timelines, and contractual obligations. Things don't always workout as envisioned.  Issues over contracts, boundaries, easements, title, etc. can lead to disputes, and disputes can lead to costly litigation if not handled properly, timely, or adequately. 

The Law Office of J. Caldwell Guilds III can assist you with strategic, practical advice for resolving real property disputes when problems arise. Through our representation, we aim to minimize real estate disputes through negotiation so that costly litigation can be avoided. However, when litigation is in your best interest, your rights are vigorously defended and actively pursued.  Contact us to Schedule a Complementary Consultation.

Common Causes of Real Estate Disputes

A legal dispute over a matter related to real property can have a variety of causes. Some of the most common are briefly described below. 

Breach of Contract

Parties enter into real estate agreements, or contracts, on a regular basis. When one of those parties does not adhere to the terms of the contract, the other party may sue for a breach of contract. It is imperative that when you sign a contract you understand what exactly you are agreeing to. This means reading the entire contract, even the tiny print. 

In order to avoid any problems in the future, it is a good idea to speak with a real estate attorney before signing a real estate contract. The attorney can advise you of any concerning issues with the contract, what is expected of you under the terms of the contract, and what you can expect of the other party or parties. 

Dispute Over Boundaries

Every property has a boundary, where ownership of one party ends and ownership of another party begins. Often, there is confusion over the exact location of a boundary line, which leads to litigation. Sometimes, neighbors have been operating under the assumption that the property line is something different than what is registered in the county where the property is located. A quiet title action is the correct way to settle a boundary dispute. 

Before purchasing a piece of property, it is best to have a survey completed so that you know exactly where the boundaries are and if there are any encroachments on the property.

Partition

Partition actions are unique in that the party bringing the action is not necessarily alleging that any other party has done anything wrong. These actions are often used when a property has more than one owner, and the different owners no longer wish to be co-owners. One party may want to buy out the others, or all parties may want to sell the property and split the proceeds. The court may also conduct an accounting so that it can accurately determine if one party deserves more proceeds than another. 

Real Estate Fraud

Real estate fraud occurs when one party misrepresents information to the other, causing them to rely on bad information, and then they suffer damages because of it. 

For example, if you are purchasing a piece of real estate to build a home, you need to know if the property can support a septic system. Let's say the selling party gives you documentation that the land has passed a PERC test, which means that a septic system can be installed. You rely on that documentation and purchase the property. However, after closing, you find out the PERC test documentation was falsified, and the property cannot support a septic system. In this scenario, you would have a case for real estate fraud. 

Quiet Title

When there is a question as to who is the proper owner of a piece of property, a quiet title action is often brought to settle the matter. A quiet title action allows the court to look at the evidence and determine the correct owner. Quiet title actions are used for boundary disputes, adverse possession cases, or when ownership of property needs to be determined. 

Alternatives to Real Estate Litigation 

Litigation is not always the best route to resolve a real estate dispute. Other options are available to parties involved in a disagreement. The most common is alternative dispute resolution (ADR). In addition to negotiation, ADR comes in two main forms: arbitration and mediation. 

Arbitration

Arbitration is when you and the other party attend a hearing where you present your side of the case to a neutral and knowledgeable arbitrator or panel of arbitrators. In most cases, decisions reached through arbitration are binding on both parties. It is a formal process but is still less time-consuming and less expensive than litigation. It is also more private, and the parties can agree on who they wish to be the arbitrator(s). 

Mediation

Mediation is a less formal process than arbitration, where the parties meet and attempt to reach an agreement to which they can all consent. Mediation allows the parties to have a say-so in what happens. In most cases, either party can walk away at any time. The mediator is present to facilitate an agreement and does not make a final ruling. 

The Law Office of J. Caldwell Guilds III specializes in providing ADR services like negotiation and mediation to resolve business, trust, probate, investment and real estate disputes.  

How Can a Real Estate Dispute Resolution Lawyer Help Your Case?

Hiring an experienced attorney offers many benefits in resolving real estate disputes, which include:

  • Determining the right legal action to take,
  • Interpreting any contracts and/or legal action against you,
  • Obtaining additional and relevant documentation you may not possess yourself,
  • Drafting documents needed to move your case toward a resolution,
  • Corresponding effectively with other parties, particularly their attorneys, to negotiate a settlement or non-trial resolution,
  • Taking the proper steps to bring a case to court or counter a case brought against you in case a non-trial resolution is not reached,
  • Oversee your case from start to finish, and
  • Defend your rights and protect your interests.

A real estate dispute can be all-consuming. Retaining competent legal counsel may be the best way – both for you and your business – to resolve your real estate problem. 

Contact a Real Estate Dispute Resolution Attorney Today

At the Law Office of J. Caldwell Guilds III, we acknowledge that litigation is sometimes necessary, but believe that negotiating a satisfactory settlement is often in our clients' best interests. Real estate disputes can become costly.  Our goal is to counsel you in using your resources of time and money as wisely as possible in achieving a satisfactory outcome.  

Schedule a Complementary Consultation

The Law Office of J. Caldwell Guilds III

Protecting Your Rights. Fortifying Your Wealth. Advancing Your Cause.

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