What Does a Real Estate Litigation Lawyer Do?

Real Estate Litigation

Anyone involved in a situation that involves land use or real estate property is vulnerable to the complex legal issues that can arise. This goes for property owners, renters, leasing agents, and finance companies involved in financing property deals for improvements or ownership. It includes anything that becomes a legal issue relating to real property. Real estate lawyers help their clients to understand the laws governing real estate issues and assess their unique situations within the parameters of the law. Real estate attorneys can help with various services including but not limited to condemnation/eminent domain, purchase and sale agreements, adverse possession, joint ownership and property disputes, title insurance, mediation, rezoning, easements, real estate contracts, conditional use permits, development agreements, and more. A Real estate litigation lawyer is a specialist within the field of real estate law that represents clients in legal situations that escalate to the level of litigation in a court of law. To fully understand what a real estate litigation lawyer does, we take an in-depth look at real estate law and the niche that this type of legal professional serves within the industry.

An advanced form of real estate law

Brink Law explains that a real estate attorney helps clients find solutions for problems that arise from their real estate involvements. Because the practice of real estate law is so broad in scope, lawyers in this field must have an intensive education in the complex details of real estate law and remain current on new precedents and changes within the laws as they pertain to real estate. Some attorneys choose to narrow their involvement to sub-specializations to focus on specific types of real estate issues while others are general practitioners. Competent real estate attorneys must have an in-depth knowledge of a broad array of categories including contractual, corporate, constitutional, and corporate law, but this is just the tip of the iceberg. Real estate lawyers must understand the laws but also have a practical sense of their applications for real-world situations. It also requires knowledge of how various industries function and how to negotiate within these environments.

What is a real estate litigation lawyer?

Difference Between explains that lawyers and litigators each have specific functions. A litigator is a type of lawyer that has its classification. The term lawyer is more generic and can cover a broad spectrum of duties, but a litigator is a specialized title that indicates it is a lawyer who is licensed to practice law. this lawyer spends time representing clients by arguing, and contesting disputes in a court of law. A litigator appears for various hearings including arbitration or other judicial hearings. A real estate litigation lawyer is a legal professional dedicated to arguing cases in hearings and courts on behalf of their clients. While some real estate attorneys sit behind a desk and give out legal advice, or draft legal documents, a litigation lawyer is a person who prepares the case for clients carefully and represents them in all types of legal actions. They’re high-powered attorneys that specialize in arguing cases to get the best results for their clients.

What does a litigation attorney do?

Dilauri & Hewitt Law Firm explains that a litigation lawyer represents the interest of clients in legal actions, but is not limited to the events that happen within the court’s system. Although arguing and presenting in court is a part of the job, they also work for plaintiffs and defendants by dealing with the attorneys of other parties in the dispute. This type of attorney helps clients manage legal affairs through a variety of methods. The courtroom is not the only battlefield as there are other tasks required before a dispute reaches that level of deliberation. Litigation lawyers speak with plaintiffs and analyze the situation to compare all known details with existing real estate laws. The lawyer takes depositions and interviews, clients and witnesses, investigating the facts surrounding each case. A real estate litigation attorney may create drafts of pleadings, complaints, and counterclaims, and answer complaints, counterclaims, interrogatories, and documentation requests. They may also consult with expert witnesses to strengthen the case for their clients. Some real estate litigation lawyers engage in the selection of jurors if a jury trial is ordered. They also create strategies for building the case or defending clients, negotiating with the attorneys representing the other side of the dispute, and discussing options for settling. If necessary, real estate litigation attorneys appear in court to argue for the best interests of their clients. Litigation lawyers help their clients at every step of the legal process.

Typical situations that a real estate litigation attorney handles

Bannon Law Group is a firm that specializes in real estate law and litigation. The typical types of legal situations handled include Breach of Contract, a contract signed between real estate buyers and sellers. Most contracts contain terms and conditions that apply to both parties. When one party does not comply with contract terms, there is a reason for legal action to resolve the issue. If it cannot be settled out of court, the case may proceed to litigation. Real estate disputes are increasingly common in today’s market. Whether you are a residential property owner, a condominium association, a property management company, or a commercial real estate developer, there is a good chance you will find yourself in a real estate dispute at some point in your career. Some real estate disputes can be resolved out of court, but real estate litigation becomes necessary when the parties cannot agree to a solution. We will review the most common causes of real estate litigation and some ways to avoid them. The first efforts are to negotiate with the other party to find an amicable resolution. Traditional real estate lawyers can help you identify potential red flags in real estate contracts and give you advice before you sign the legal and binding documents. Real estate lawyers can help prevent you from signing a contract with unfavorable provisions. Litigation lawyers can help represent you when the other party violates the terms of the contract or laws about real estate.

Other things that real estate litigation lawyers do

Real estate litigation lawyers represent clients who are victims of sellers who violate established real estate regulations and laws. Failure to disclose a defect on the property is common. It reduces the inherent value of the property and may cause financial harm to the buyer. It’s the responsibility of the seller to disclose all known defects to the property. When an undisclosed defect is discovered by the buyer, they have the right to pursue legal action against the seller. It’s the responsibility of the buyer to prove that the defendant had knowledge of the defect and concealed it purposely to inflate the value of the property. Litigation attorneys assist clients in these matters. They may negotiate with the seller to resolve the issue before it goes to court. Litigation lawyers will take the matter before a judge or jury and argue your case if the other party is unwilling to settle the claim out of court amicably. Breach of duty or negligence is another situation that can arise when real estate agents know about a defect in property and decline to mention it to the buyer for fear of losing commission profits. Although real estate agents are bound to confidentiality regulations with their clients, they are still liable to comply with the law. Real estate agents walk a fine line. They are required to avoid making mistakes that lose money for their clients and they can be sued for negligence if financial harm occurs. They have to act in the best interest of their clients rather than the best interest of a third party. Sensitive information related to the clients must be kept confidential, including financial situations. They can be sued for disclosing this information as well.

Real estate litigation lawyers represent clients harmed by the failure of a third party to perform the obligations that are required by the terms of the contract signed by both parties. A lawsuit may be filed to request the court to order the party to fulfill contractual obligations. Boundary disputes are other legal issues that litigation lawyers become involved with. When property lines have not been correctly set in real estate transactions, the buyer has the right to consult legal counsel which could result in litigation if the property lines are incorrect and the buyer suffers damages as a result.

Regan Atwood Law Firm continues with other things that real estate litigation lawyers do and points out that they also handle trespass and nuisance claims for activities that occur on adjacent properties. These are other types of property disputes that arise. They deal with various situations that involve an infringement on the rights of existing property owners. The issues may occur for homeowners or for businesses that discover their operations were not approved for the zoning of the location. They may need representation to help them make their case to either receive rezoning approval or a defense against plaintiffs complaining about perceived infringements of their rights. Property dispute litigations come in many forms from both individual property owners and business owners. Some cases also arise as anticipation breaches of contracts when a contract between developers and construction companies happens. Sometimes changes in municipal regulations can cause a contractor’s original plans to be noncompliant, creating a no-fault problem that interferes with the established contract for timelines and expenses of the project, harming all parties involved.

Some situations are extremely complicated and require the expertise of qualified attorneys who present their client’s side of the story to the judge. Akerman Law is a firm that specializes in real estate litigations and they add yet more potential scenarios to the growing list of real estate issues that require the help of a real estate litigation lawyer. The work of this specialist in the area of real estate law is consistently changing with new and challenging situations to resolve. Some other areas of real estate they might handle include easement and access disputes that are not clearly defined by current law, commercial landlord-tenant litigations are another common area of work, as well as acquisition disputes, litigations over air rights, commercial mortgage foreclosures, receivership, eminent domain, and inverse condemnation litigations, and more. Real estate litigation lawyers also work with clients involved in condominium and construction litigations, hospitality, interstate land sales, land use disputes, disputes over real property covenants and restrictions, restrictive covenants, deceptive and unfair trade practices, disputes over boundary and surveying lines, water rights disputes, historic structures and landmark property rights, and more.

Final thoughts

Real estate litigation lawyers must cover a plethora of potential dispute cases. The practice of real estate law is vast and all-encompassing. Some of the more common situations make up the bulk of a typical litigation lawyer’s caseload, but occasionally, something new presents itself with new and challenging facts to the practice of real estate law that has not yet emerged in the legal system. Real estate litigation attorneys may work solo in private practice. They often work together in larger firms to obtain the support and expertise of a team in handling the more complex issues that may arise in real estate law practice. Litigation attorneys are the chosen representatives to argue cases at court hearings and trials. They are a unique class of real estate attorneys with duties that frequently take them into the courtrooms but also occupy their time researching other aspects of the cases they investigate. If you feel that you’ve been damaged through no fault of your own by a real estate issue, you have the right to seek counsel from qualified real estate attorneys who can give you the answers you seek as they exist within the law. If you have a legally sound case that goes to court, your representative will be a real estate litigation attorney.

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