If you run into issues at any point during a real estate transaction in Ellicott City, our lawyers can work to efficiently and favorably resolve the dispute on your behalf.
You might need a real estate lawyer throughout all parts of a transaction, but especially if there was a breach of contract for which you want to seek damages. Or, if a seller fails to disclose a property defect or liens against the property, our attorneys can approach the matter so that you do not experience consequences from the dispute. Resolving real estate disputes can be complicated and might require mediation. If the real estate contract included an arbitration contingency, you might have to go through arbitration to resolve the dispute. Though these alternative dispute resolution methods differ, both can help those involved in real estate disputes reach favorable outcomes.
To get assistance with your case, call the Ellicott City, MD real estate lawyers of the Heyman Law Firm today at (410) 305-9287.
When You May Need a Real Estate Lawyer in Ellicott City, MD
Large amounts of money are typically at stake in real estate transactions. Whether there was a breach of contract, the seller failed to disclose a defect, or you are dealing with a complex boundary dispute, our attorneys can help homeowners and others settle property disputes in Ellicott City.
There Was a Breach of Contract
A real estate agreement is a contract between the buyer and the seller. Failing to hold up one’s end of the bargain, so to speak, could be a breach of contract. There are many examples of contract breaches in property transactions, some of the most common being failure to make payments, failure to get required inspections, and failure to make agreed-upon modifications, among others. Essentially, if one party to the contract fails to perform as the contract requires or prevents the other party from acting as the contract requires, that could be a breach of contract. If there was a breach of contract, you could bring a claim for damages in Ellicott City.
The Seller Failed to Disclose a Property Defect
If you identify defects the seller did not disclose after purchasing a home, you could bring a claim against the seller for fraudulent concealment or misrepresentation. To prove fraudulent concealment, our real estate lawyers might refer to evidence such as past inspection reports to show the seller intentionally hid defects from you so that you would not change your mind about purchasing the property.
Other non-disclosures, like a seller’s failure to disclose liens on a property, could also complicate real estate dealings in Ellicott City.
There is an Ownership Dispute
Ownership disputes might arise because of unclear property lines, co-ownership disputes, inheritance disputes, and title records errors. Deeds and tax receipts can help settle ownership disputes, as can an understanding of Md. Code, Real. Prop. Art., § 14-108, which allows someone who does not legally own a piece of property to get legal ownership through a quiet title action, provided they can show long-term possession of the property in Ellicott City.
There is a Boundary Dispute
Boundary disputes with long-time neighbors or after purchasing new property should be addressed quickly. Encroachment might happen slowly, and such property disputes can be difficult to navigate as time passes. To tackle boundary disputes, our attorneys can get your property surveyed and address the matter appropriately.
Easement disputes are also common, wherein one party might allow another to access their property for specific purposes. Ambiguous wording or other issues with easement agreements could lead to zoning problems and other contentious real estate disputes.
You Want to Protect Your Interests
Whether you are a buyer, seller, lessor, or lessee in Ellicott City, it is vital to approach real estate transactions with your needs in mind. When helping you through real estate transactions or dealing with your specific disputes or issues, our attorneys can help determine the best path forward, whether mediation or litigation.
Furthermore, having counsel by your side when writing or assessing a real estate contract may be necessary to ensure that it includes contingencies that could specifically benefit you. For example, if you are purchasing a property, we can add contingencies to the contract that might make it easier for you to leave the transaction without losing your deposit.
Resolving Real Estate Disputes in Ellicott City, MD
Real estate disputes can often be resolved through alternative dispute resolution methods, like mediation. When resolving a real estate dispute on your behalf, our lawyers will operate with your best interests in mind to achieve your desired result.
During mediation, there will be a mediator. This is a neutral third party whose role is to facilitate an agreement. They do not decide the outcome; they help those involved reach it. Mediation can be helpful during real estate disputes to keep the matter out of court and provide flexibility in the outcome. We might proceed with litigation if you cannot settle the issue at hand through mediation.
Some real estate contracts include arbitration clauses, requiring parties to go through arbitration to settle a dispute if one arises. Arbitration is more formal than mediation in that the third-party arbitrator makes the legally binding decision. Arbitration aligns more closely with a trial, though it often happens faster and is less formal than going to court.
When an arbitrator decides a real estate dispute, that ends the matter. Because of this, mediation might sometimes be preferable over arbitration, especially if you want to preserve relationships or have an active hand in the ultimate decision. However, if you are confident in the likelihood of the arbitrator agreeing with your side of things, arbitration might be preferable, especially if you want to avoid going to court.
Call Our Attorneys in Ellicott City, MD to Discuss a Real Estate Dispute
The Heyman Law Firm’s real estate lawyers can assist you with your case when you call (410) 305-9287.