5 Issues That Could Lead to Real Estate Litigation

  1. Litigation
  2. 5 Issues That Could Lead to Real Estate Litigation
real estate litigation

Real estate litigation is more common than you might expect. In a perfect world, commercial and residential real estate transactions run smoothly. However, the situation is far different in the real world. That’s partially because real estate law may appear simple but is deceptively complex. From the beginning of a deal to the end, several issues can arise that potentially could lead to real estate litigation.

#1. Landlord-Tenant Issues Are Common

Texas landlord-tenant laws assign responsibilities to both landlords and tenants. When either party fails to live up to their responsibilities, real estate litigation could follow.

But it’s best to address these issues as soon as they occur instead of waiting to get sued. You can consult with your attorney, then attempt to iron out your differences through negotiation, mediation, or arbitration. Your Texas business lawyer can advise you on the right strategies for your individual circumstances.

#2. Title Insurance Disputes Might End in Real Estate Litigation

At the conclusion of a real estate transaction, the purchaser receives a title. This legal document proves the ownership of the property. But sometimes, a purchaser might find that the title is defective in some way. Title insurance protects the parties when mistakes are made. For example, a title might appear clear, but tax liens are found after the closing.

In some cases, parties might dispute the title insurance itself. Disagreements arise over how to interpret the insurance policy provisions, what damages are allowable, and who was injured.

Your Texas real estate attorney can help with real estate litigation over title insurance disputes.

#3. Boundary and Title Problems Crop Up

Property titles can contain incorrect information or be missing pertinent information. Title companies should catch these issues before closing, but mistakes happen. While title insurance could cover any damages you suffer, you might also have to resort to real estate litigation to resolve your property issues.

Boundary problems may involve the plat or survey. But sometimes, boundary problems occur because of a misplaced fence or building. Property owners who are denied full use of their land may need legal action to restore their rights.

#4. Disagreements with Developers Sometimes Lead to Real Estate Litigation

Negotiations between landowners and developers cover a lot of ground. They may discuss land use, permits, zoning, and construction timelines before signing legally binding contracts.

For example, one party may refuse to honor contract provisions related to a property development project. The other party might be forced to engage in real estate litigation. In fact, disputes may arise that require legal action may even occur during negotiations.

#5. Fraudulent Transfers Are Difficult to Handle

A person facing a judgment or lien might attempt to save the property by transferring it to someone else. Under Texas law, this type of transfer could be deemed a fraudulent transfer if:

· The person intended to hinder or defraud another party;

· The exchange did not include reasonably equivalent value.

When a fraudulent transfer includes real property, then real estate litigation might follow.

Call to Discuss Your Potential Real Estate Litigation

The attorneys at Henke, Williams & Boll assist clients like you with litigation and other matters. But we don’t just help a little. We win cases through aggressive representation using extensive knowledge of the Texas legal system.

Our attorneys have more than 100 combined years of experience practicing law, and our broad range of knowledge enables us to provide practical solutions tailored to the unique needs of our clients. We are a proud law firm with commitment and passion for assisting those in need. Let us help you get the results you deserve.

For a free consultation or phone appointment, call 713-940-4500 or use the convenient contact form located on our website.  We represent clients in the Houston area, including Harris County, Montgomery County, Waller County, Fort Bend County, Galveston County, and Brazoria County.

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