When buying or selling real estate, renting, or engaging financially with a property, you want to know your best interests are being kept in mind. Unfortunately, a mistake on your paperwork or the bad faith actions of the other party may leave you facing a legal dispute that can impact your financial future. A real estate attorney can and should be brought in.
Real estate law and these transactions can be complex, especially if you do not have an extensive background in real estate law. Fortunately, that is where a real estate lawyer can help. Our real estate lawyers at Stoner Law Offices, LLC can guide you through the complex situations you may encounter while seeking to buy or sell property or involved in a real estate dispute.
How Can a Real Estate Lawyer Help Me?
You may be dealing with a difficult situation when dealing with a property sale, rental, or purchase. Even the most straightforward transactions when selling real estate can become difficult when the paperwork is wrong or you get an unpleasant surprise, like a mold problem or structural issue.
If there are any real estate concerns, such as liens or damage to the property, you may find yourself dealing with disputes and litigations that can complicate your sale and make it difficult to get the funds you need for your property.
Fortunately, our very skilled real estate attorneys can step in. We understand that your real estate concerns can be complex and difficult to navigate. Your real estate attorney can help you protect your interests when the other party is disputing the details of your case with you.
What Are the Most Common Reasons to Hire a Real Estate Litigation Attorney?
Real estate transactions can often lead to disputes, making the expertise of a real estate litigation attorney necessary. From breaches of contract to boundary disputes, cases may arise that require legal intervention to resolve the issue. Here are some of the most common reasons individuals seek the assistance of a real estate lawyer in Philadelphia:
Breach of Contract
A breach of contract may occur when one party fails to fulfill the terms of their legally binding agreement. Common examples of breach of contract include failure to complete a sale, failure to deliver possession, or failure to make agreed-upon repairs. A real estate litigation attorney can assess the contract, identify breaches, and pursue legal remedies.
Failure to Disclose a Defect on the Property
Sellers are often required to disclose any potential defects or issues on the property to the buyers. Failure to do so can lead to a dispute if the buyer discovers undisclosed problems after the purchase. Working with a real estate attorney can help buyers seek compensation for damages resulting from undisclosed defects or misrepresentations.
Breach of Duty or Negligence
Real estate agents, brokers, and other professionals owe a duty of care to their clients. Engaging in fraudulent practices, providing incorrect information, and failing to conduct due diligence are all breaches of this duty. A real estate attorney can represent clients in claims against negligent parties and pursue compensation for damages.
Specific Performance Failure
In some cases, a party may fail to fulfill their obligations under a real estate contract, such as refusing to transfer ownership or failing to complete necessary actions. In such instances, the non-breaching party may seek specific performance, requiring the breaching party to fulfill their contractual obligations.
Boundary Dispute
Boundary disputes arise when neighboring property owners disagree over the ownership or location of property lines. These disputes can escalate quickly, and having a real estate litigation attorney who will analyze property deeds, survey records, and relevant laws to resolve boundary disputes may help to avoid adverse possession or easements.
Ejectment
Ejectment refers to the legal action taken to remove a person or entity from real property unlawfully occupied. This situation commonly arises when tenants refuse to vacate the premises after lease expiration or when squatters unlawfully occupy a property.
Partition
Partition action occurs when co-owners of a real estate property cannot agree on its use or management. This typically occurs in situations such as inheritance or joint ownership disputes. A real estate litigation attorney can guide co-owners through the partition process, which may involve dividing the property or forcing the sale through legal means.
Foreclosure
A foreclosure occurs when a borrower defaults on payments of a mortgage loan, leading the loaner to seize and sell the property to pay the outstanding debt. Foreclosure proceedings can be complex and involve various legal requirements and timelines. Having a real estate litigation attorney can help homeowners facing foreclosure explore options for loan modification or loan defense and advocate for their rights through the proceedings.
Protecting Your Rights as a Landlord or Tenant
One of the most common difficulties when dealing with a real estate case is rental properties. This piece of commercial real estate has specific laws. You may be dealing with a complex case if you do not follow those laws.
However, even if you follow all the laws, you may be dealing with an unfair or illegal eviction. Our evictions attorneys can help you navigate these difficult times and get answers when your landlord is unwilling to cooperate.
An experienced real estate law firm can be critical when dealing with landlord and tenant lawsuits. The right attorneys can review the rental agreement details, identify where a breach of contract is happening, and determine your best options for legal action.
Legal Options for Home Foreclosure
Sadly, you may have ended up in a situation where your home is being foreclosed on. Losing your home can be devastating, but you may have options to protect your home and stop the foreclosure. Your foreclosure attorney in Philadelphia is ready to provide the guidance you need.
When you face issues keeping your home because of late or missing payments, you may have grounds to take action with the right experienced real estate attorneys. Our Philadelphia real estate lawyers have the tools to determine your best options when facing foreclosure.
A skilled real estate attorney will go over all of your options, including determining whether the other party has grounds to foreclose on your home at all or your options to take legal action to stop the foreclosure. That can give you time to act and pay what you owe. You can start with a free consultation with our team that specializes in real estate law before signing anything.
Philadelphia Real Estate FAQ
A real estate transaction is often complex. You may have questions, and an experienced real estate lawyer will tell you that the correct answers depend on the details of your situation. For example, the information a seller needs may differ greatly from a buyer's. Because of this, you may need to speak with an attorney about the specifics of your claim before you take action.
Our team understands how difficult it can be to take action alone. We also understand that you may be unsure how a lawyer can help you. Below are a few general questions we can answer while you await your consultation with a Philadelphia real estate lawyer.
Do I need an attorney to oversee buying and selling property?
While an attorney is not always legally required to buy or sell a property, a law firm can make a big difference in the selling process and help your case succeed. Our legal services can provide the information you need to make the right choices.
An attorney's guidance can also help you avoid legal disputes that may arise without mediation and protection from an attorney. The right lawyers can guide you through this complex process.
Is litigation the only option for settling a dispute?
Litigation is rarely ever the only option when settling a dispute. However, the details depend on your legal needs. Much like a personal injury claim, an expert real estate lawyer will tell you that many situations depend on whether the other party is willing to negotiate or compromise with you. If they are willing to negotiate, your attorney can mediate between you and the other party.
However, not all of our real estate clients are dealing with someone who is willing to negotiate. You may be dealing with zoning disputes, a landlord acting in bad faith, or other situations that may leave you with no choice but to take litigation. Our team is ready to fight back on your behalf in these cases. Your trial lawyer is prepared to take action and ensure you get the guidance you need in the courtroom.
What do I need to look for when trying to sell my home?
When trying to sell your home, it is essential to look for certain aspects that can impact you—for example, keeping an eye on any issues with the property, such as potential dangers, which can lead to a legal dispute in the future if someone suffers a personal injury.
Likewise, it is important to ensure that there are no liens you are unaware of or other disputes that can impact your ability to sell.
In these cases, you may need a law group with your best interests in mind. Our team, from managing partner to newest associates, are ready to help you tackle your real estate case and protect your future from issues stemming from your property sale.
Speak with a Philadelphia Real Estate Attorney
Various real estate transactions can get complex quickly, and sadly, many end in real estate disputes that can hurt your future. Anything from evictions to property line disputes may become an issue for your case when you are trying to settle your case.
If you are considering a real estate agent, talk to Stoner Law Offices, LLC about our legal services and how they can help you manage these difficult situations. We serve Philadelphia, PA and the surrounding counties. When you are ready to speak with a lawyer, call or complete our online contact form.