There are several ways to resolve real estate disputes without involving the court. Our attorneys can explain these alternative dispute resolution methods when handling your case and help you navigate a dispute to achieve your desired result.
You will likely not go to court for a real estate dispute unless mediation does not work and both parties refuse arbitration. When deciding whether or not to litigate a dispute during a real estate transaction, our lawyers can explain how the other party breached the contract and what damages you might recover. We can gather correspondence, real estate contracts, inspection reports, property deeds and titles, and other evidence to prove your case, so call us about your real estate dispute in Wheaton.
Call the Heyman Law Firm’s real estate transaction and disputes attorneys for help with your case at (410) 305-9287.
Do I Have to Go to Court for a Real Estate Dispute?
You most likely will not have to go to court to resolve a real estate dispute in Wheaton. Mediation or arbitration may be a better solution than going to trial and having a judge decide who is right and wrong.
While arbitration is not the same as going to court, the arbitrator’s decision is typically binding, like a judge’s. The arbitrator will hear both sides of the issue, review the evidence, and determine the best course of action to resolve it.
Sometimes, mandatory arbitration is included in real estate contracts. It is not until an issue arises and a dispute needs to be settled that some parties realize the existence of arbitration clauses. Let us read all real estate contracts before you sign them so you know exactly what you are agreeing to.
Mediation for real estate disputes is similar, although the mediator does not have the final say in the matter. Instead, they are there to encourage conversation and compromise and help parties resolve the issue as quickly as possible.
Successful mediation is not guaranteed, and either party may choose to pursue litigation in court to resolve the matter.
Should I Litigate a Real Estate Dispute in Wheaton?
Litigating a real estate dispute is sometimes necessary, especially when substantial amounts of money are at stake, as is often the case in many commercial real estate transactions.
If you are unsure whether a dispute warrants litigation, please get in touch with our lawyers. While we may find a solution that avoids a lawsuit, you may decide to sue for breach of contract after our real estate transaction and disputes attorneys explain the potential outcomes.
Many disputes arise because one party involved in a transaction breaches the contract both parties signed. Breach of contract can lead to substantial damages for buyers or sellers, and a lawsuit can compensate you for losses.
We can help you determine whether to file a lawsuit for breach of contract following a real estate dispute and assist you in litigating that lawsuit in Wheaton.
What Evidence Proves a Real Estate Dispute?
Let us gather any relevant evidence to support your position in a real estate dispute, such as the signed contract, correspondence, inspection reports, and other relevant documents.
Real Estate Contract
The real estate contract may be the most crucial evidence in settling a dispute. The contract outlines exactly what is expected of all parties participating in the transaction. Our lawyers can identify the specific provision of the contract that the defendant breached and explain how they did so.
Correspondence
Correspondence between you and other parties in the transaction is also good evidence. Emails, letters, texts, and other forms of communication may shed light on the issue and reveal breaches of contract. Discussions of the dispute provide crucial context; therefore, please forward any correspondence to our lawyers. Do not delete anything, even if it seems irrelevant.
Inspection Reports
Inspection reports typically include photos, detailed descriptions, and recommendations for necessary repairs. If an inspection reveals health and safety concerns, buyers may have a legitimate reason to back out of the sale and get their deposit money back. Inspection reports help us prove this, so prioritize getting a property inspected that you plan to purchase, especially a large commercial property.
Property Deeds and Titles
Property deeds and titles are crucial in many disputes, particularly those involving property boundaries and easements. These documents prove ownership and illustrate property boundaries, and we can help organize them for your case.
We can handle requesting these documents or organizing them, whether you currently own the property in question or not.
Photos
Photos can show a property’s conditions, changes the seller failed to make before closing, and other relevant details to resolve a problem during a real estate transaction. Give us any photos you have, and we can use them in your case.
Do I Need a Lawyer for a Real Estate Transaction in Wheaton?
Having us by your side during big real estate transactions helps avoid disputes. We can look out for your best interests, read contracts before you sign them, and help address potential breaches of contract.
Especially when buying large commercial properties, protecting yourself with the contract is important. Including favorable contingencies that would let you leave the sale without consequence and refusing to sign contracts that include unfavorable contingencies is also wise.
We can focus on a specific transaction or dispute while you focus on other aspects of managing your real estate portfolio. Let us handle the transaction from the outset, and we can guide you through the process of purchasing or selling commercial real estate in Wheaton.
Suppose you were navigating a transaction without our lawyers and have since encountered an issue that requires assistance. Please reach out right away so we can get up to speed on the transaction, the property being sold, the signed real estate contract, and the breach of contract in question.
Call Us for Help in Wheaton Today
Call the Heyman Law Firm at (410) 305-9287 for help from our real estate transaction and disputes attorneys.