What Is Real Estate Litigation?
Real estate litigation involves resolving legal disputes related to property ownership, use, or transactions. These disputes often arise between buyers and sellers, landlords and tenants, neighbors, or developers and contractors. Common issues include breaches of purchase and sale agreements, disagreements over property boundaries, construction defects, zoning violations, and title disputes. Real estate litigation can also address issues like enforcing lease agreements, handling eviction proceedings, or resolving conflicts over shared property rights.
The litigation process typically includes investigation, negotiation, and, if necessary, taking the case to court. Attorneys gather evidence, review contracts, and advise clients on the courses of action they can take to protect their interests. Real estate litigation often requires a detailed understanding of property laws and regulations, as well as careful attention to deadlines and procedural requirements. If you face a real estate dispute, you should contact an attorney as soon as possible for help protecting your rights and working toward an efficient resolution.
Why Do Real Estate Disputes Happen?
Real estate disputes often occur when parties involved in property transactions or ownership disagree on their rights, responsibilities, or actions. These conflicts can arise due to unmet contractual obligations, misunderstandings, or problems with property maintenance or use. Resolving these disputes requires understanding the specific issues and determining the appropriate course of action. Let’s review some common reasons why these disputes happen.
Breach of Contract
A breach of contract happens when one party involved in a real estate agreement fails to meet their obligations. For example, a seller might refuse to complete repairs before closing, or a buyer might fail to provide the agreed payment by a certain deadline. Disputes over purchase and sale agreements, lease terms, or construction contracts are common in real estate.
Breaches of contract can lead to financial losses, delays, and unnecessary legal complications. Resolving these disputes requires reviewing contract terms and determining whether one party has failed to meet their legal responsibilities. Attorneys can enforce agreements through remedies like specific performance, where the court orders one party to fulfill their obligations, or by pursuing financial compensation for their clients’ losses.
Breach of Duty or Negligence
Breach of duty or negligence disputes often involve real estate professionals like brokers or agents failing to meet their responsibilities. For instance, a broker might provide inaccurate information about zoning laws or fail to disclose known property defects. These actions can lead to financial losses and unexpected legal liabilities.
Negligence can also occur if contractors or inspectors fail to perform their work to acceptable standards, resulting in property issues or additional costs. For example, a home inspector might overlook significant structural issues, leaving the buyer to deal with expensive repairs. Addressing negligence claims requires proving that the professional had a duty to act responsibly, failed to do so, and caused harm as a result. Lawyers can help clients pursue compensation or other remedies when they experience losses from professional misconduct.
Boundary Disputes
Boundary disputes occur when property owners disagree about the exact locations of their property lines. These disagreements often happen due to unclear deeds, conflicting surveys, or encroachments where one owner builds on or uses land they do not own. Fences, driveways, and other structures are frequent points of contention in these disputes.
Resolving boundary disputes requires gathering evidence, such as property deeds, surveys, and historical records, to determine the rightful property lines. Attorneys can assist in negotiating settlements or representing property owners in court if necessary. Addressing boundary issues promptly can protect owners’ property rights and prevent escalating conflicts with neighbors.
Faulty Repairs
Faulty repairs can lead to disputes when contractors or service providers deliver substandard work or fail to complete projects as agreed. In real estate, this often involves repairs that owners make before selling their properties or during construction projects. For example, a seller might claim to have repaired a leaking roof, only for the buyer to discover that the work was incomplete or poorly done after closing.
Faulty repairs can cause significant financial losses and additional repairs for property owners. These disputes often require reviewing contracts, gathering evidence of the shoddy work, and determining whether the service provider violated the terms of the agreement. Lawyers can help clients seek remedies, such as financial compensation or the completion of the necessary repairs, to resolve these disputes effectively.
Title Defects
Title defects occur when issues with a property’s ownership records prevent a clear transfer of title. These problems often arise due to liens, unresolved probate matters, or errors in a property’s chain of ownership. For example, if a previous owner failed to pay a contractor, the property might have an unpaid lien that complicates the property sale.
Buyers typically rely on title searches and insurance to identify and address defects before completing a purchase. However, undiscovered defects can still emerge after a sale and lead to disputes or unexpected legal challenges. Resolving these issues often requires researching ownership records, clearing liens, and addressing legal claims. Attorneys can help buyers and sellers manage the legal process of resolving title defects and ensuring the rightful ownership and transfer of a property.
Condominium Conflicts
Condominium conflicts often occur between unit owners, homeowners’ associations (HOAs), or property managers. These disputes can involve disagreements over HOA fees, rules, or property maintenance responsibilities. For example, a unit owner might dispute an HOA’s decision to impose fines for non-compliance with community regulations.
Disputes can also arise over repairs to common areas, noise complaints, or decisions about shared property upgrades. Resolving condominium conflicts typically requires obtaining governing documents like bylaws or declarations of covenants to determine each party’s rights and obligations. Attorneys can assist in negotiating resolutions, representing owners in disputes with HOAs, or enforcing HOA rules against uncooperative parties.
Real Estate Fraud
Real estate fraud occurs when one party intentionally misrepresents or withholds critical information to deceive another party in a property transaction. Common examples include falsifying property conditions, misrepresenting ownership, or forging documents. Fraudulent schemes often lead to financial losses or disputes over ownership rights.
Victims of real estate fraud must act quickly to protect their interests. Resolving these disputes often requires uncovering evidence of the deception and pursuing legal remedies, such as financial compensation or reversals of fraudulent transactions. Experienced real estate lawyers can help clients identify fraudulent activity, file claims, and recover losses. Addressing fraud requires vigilance during transactions, such as verifying documents and conducting thorough property inspections.
Co-owner Disputes
Co-owner disputes happen when individuals who share ownership of a property disagree about its use, management, or sale. These disputes are common in family-owned properties, investment properties, or inherited real estate. For example, one co-owner might want to sell a property while another wants to keep it.
Resolving co-owner disputes often involves negotiating agreements that outline each party’s rights and responsibilities. If the parties cannot agree, legal action could be necessary, such as filing a partition lawsuit to force the sale or division of the property. Attorneys can help co-owners find solutions that protect their interests and minimize financial or emotional strain.
Easement Disputes
Easement disputes involve disagreements over one party’s right to use another party’s property for specific purposes. Easements are legal rights that allow access to a property for reasons such as utilities, roadways, or shared driveways. Disputes often arise with easements when property owners disagree about the scope, use, or existence of an easement.
For example, a property owner might challenge the placement of a utility line, or a neighbor might misuse an access easement for activities beyond its intended purpose. Resolving easement disputes requires reviewing property deeds, maps, or agreements to determine each party’s rights. Real estate lawyers can clarify these rights, negotiate resolutions, and represent clients in court if necessary. Addressing easement disputes promptly can help owners maintain property rights and avoid ongoing conflicts with neighbors or utility companies.
What Does the Real Estate Litigation Process Entail in Massachusetts?
The real estate litigation process involves several steps designed to resolve disputes. Each phase addresses specific aspects of the case, from gathering evidence and evaluating claims to pursuing negotiation or court action when necessary. Below is an outline of the key stages involved in real estate litigation and what you can expect at each point.
Initial Review of the Evidence
The real estate litigation process begins with a detailed review of the evidence related to your case. Your attorney will start by gathering all relevant documents, including contracts, property deeds, surveys, and communications between the parties involved. This step enables them to identify the specific issues causing the dispute, whether it involves a breach of contract, a boundary disagreement, or faulty repairs.
During this review, your attorney will also assess supporting materials like photographs, inspection reports, and any correspondence that provides context for the dispute. Clear evidence strengthens your position and lays the foundation for the next steps in the litigation process. The best way to help your attorney evaluate your case effectively and develop a robust strategy is to provide them with accurate and complete information early in the process.
Record Search
A thorough record search is also essential in real estate litigation. This process involves reviewing public records, such as land deeds, title histories, zoning ordinances, and prior property transactions. Your attorney will use these records to verify ownership rights, identify potential liens, and uncover any discrepancies in the property’s history.
Record searches are particularly important in cases involving title defects, boundary disputes, and easements. For example, if a boundary disagreement exists, your attorney might compare current surveys with historical records to identify the correct property lines. A comprehensive record search can provide critical evidence for your case, resolve conflicts by clarifying legal ownership and property rights, and minimize surprises during litigation.
Case Evaluation
After reviewing the evidence and completing a record search, your attorney will evaluate your case. This involves analyzing the strengths and weaknesses of your position, estimating the likelihood of success, and identifying potential risks or challenges. Your attorney will also determine whether settlement, mediation, or court action is the ideal approach for resolving the real estate dispute.
Case evaluation also helps you understand your legal rights and options. For example, in a contract dispute, your attorney might recommend pursuing specific performance to enforce an agreement or seeking compensation for your losses. A comprehensive evaluation allows you to make informed decisions based on a realistic assessment of your situation and proceed confidently toward a resolution for your real estate dispute.
Sending a Demand Package
In many real estate disputes, attorneys begin the resolution process by sending a demand package to the opposing party. This package outlines your claims, provides supporting evidence, and clearly states the remedies you seek from the other side. For example, in a boundary dispute, a demand package might include a request for the removal of an encroachment or the restoration of a property line.
The demand package serves as a formal attempt to resolve the dispute without court involvement. It gives the opposing party an opportunity to address the issue and propose a resolution. If the parties can agree at this stage via negotiation, they can often avoid costly and time-consuming litigation. However, if the opposing party does not respond or refuses to negotiate, your attorney could prepare to escalate the case by filing a lawsuit. Sending a well-prepared demand package demonstrates your seriousness and sets the tone for the dispute resolution process.
Response and Negotiations
After your attorney sends the demand package, the opposing party typically responds with either a counteroffer, a denial of the claim, or their own demands. This phase allows both parties to negotiate and potentially resolve the dispute without going to court. Attorneys from both sides will communicate to clarify each party’s position, exchange additional evidence, and work toward a settlement.
Negotiations are an important step in the litigation process because they can save time and resources. Your attorney will advocate for your interests and evaluate any offers to ensure they align with your goals. If both parties reach an agreement, the dispute could be resolved through a legally binding settlement. If negotiations fail, you and your attorney can prepare to move forward with formal litigation.
Filing the Lawsuit
If negotiations do not lead to a resolution, your attorney can file a lawsuit on your behalf. This formal step involves drafting and submitting a complaint to the appropriate court. The complaint outlines the legal issues, the evidence supporting your claims, and the relief you seek, such as financial compensation or specific performance.
Filing a lawsuit starts the official legal process and requires the opposing party to respond within a set timeframe. Once either party files a lawsuit, the court will schedule initial hearings to determine deadlines and procedures for the case. Your attorney will handle the process of meeting all legal requirements and moving your case forward according to the court’s rules.
Trial Prep
Trial preparation begins after filing a lawsuit and typically includes discovery, a process in which both parties exchange information and evidence relevant to the case. This often involves depositions, interrogatories, and document requests to uncover all necessary facts. Your attorney might also identify witnesses, gather expert opinions if needed, and refine their legal strategy for your case.
During trial prep, your attorney will work closely with you to ensure you understand what to expect from the process and your role in presenting the case. This might include reviewing your testimony, preparing for cross-examinations, and organizing exhibits. Trial prep focuses on building a strong case, addressing potential challenges, and positioning you for success in court. In many cases, both parties will continue negotiating during this phase of the process in an attempt to avoid the time and expense of litigation, if possible.
The Trial
The trial is the final stage of the real estate litigation process if the parties cannot resolve their dispute through a settlement. During the trial, both parties present their evidence and arguments before a judge and, in some cases, a jury. Your attorney will advocate for your position by introducing evidence, questioning witnesses, and delivering persuasive arguments.
The trial allows both sides to fully present their cases, and the court will ultimately decide the outcome based on the evidence, arguments, and applicable laws. The length and complexity of the trial depend on the specific issues in the dispute. After hearing both sides, the court will issue a ruling that resolves the matter. Both parties must abide by the court’s decision. However, if the ruling is unfavorable, your attorney can still explore options for an appeal.
When Should I Contact a Real Estate Litigation Attorney?
If you’re dealing with a real estate dispute, contacting a real estate litigation attorney should be your first step. Common real estate issues that require legal support include boundary disputes, disagreements over property lines, or breaches of purchase and sale agreements. If you face problems with a title, or disputes between landlords and tenants, a real estate litigation attorney can provide valuable guidance. These issues can escalate quickly and lead to financial losses, delays, or even the risk of losing your property rights.
Delaying action often makes resolving real estate disputes more difficult. Evidence often becomes harder to gather over time, and legal deadlines can pass more quickly than you might think. For example, boundary disputes often rely on surveys or historical records, which can be time-sensitive. In contract disputes, missing a deadline or misinterpreting your rights could put your case at risk. Prompt action on your part gives your attorney plenty of time to review your case, identify the strongest arguments, and develop a solid strategy to protect your interests.
If you believe your dispute could lead to litigation, you should contact a qualified attorney immediately. Getting a lawyer involved early on can provide you with more options for resolution and reduce the risk of costly mistakes.
Why Choose LaFountain & Wollman P.C. for Your Litigation Needs?
Choosing LaFountain & Wollman P.C. for your real estate dispute case means working with a team dedicated to protecting your interests. With over 40 years of combined legal experience, our attorneys understand the complexities of real estate law in Watertown and throughout Massachusetts. We provide personalized legal solutions to offer you the clarity and support you need to make informed decisions for your future.
Since 2010, LaFountain & Wollman P.C. has delivered trusted legal services to people, families, and businesses in The Bay State. We offer a client-focused approach to ensure every case we handle receives the individual attention it deserves. Whether you are dealing with a boundary dispute, a breach of contract, or an issue with a title, we have the knowledge and resources to guide you toward a favorable resolution. Our attorneys stay informed on Massachusetts property trends and regulations so we can provide the understanding you need of local laws and real estate markets.
At LaFountain & Wollman P.C., we make communication a priority. When you come to us for help, you’ll work directly with an attorney who focuses on your specific practice area, so you always have access to tailored and timely guidance. We strive to minimize risks, protect your rights, and achieve the ideal outcome for your case. Contact us today to arrange your initial consultation and take the first step toward resolving your real estate dispute.
Contact a Real Estate Litigation Attorney in Watertown, Massachusetts
If you are dealing with a real estate dispute in Massachusetts, take the first step toward resolving it by contacting LaFountain & Wollman P.C. now. Our team can address a wide range of property issues and will work with you to protect your rights and interests. We provide clear guidance and strong representation at every stage of the litigation process.
Don’t let a real estate conflict disrupt your plans or jeopardize your property. Call LaFountain & Wollman P.C. today to begin your initial consultation and move forward with confidence.
