What is Real Estate Litigation?
Real estate litigation occurs when a dispute involving a real estate transactions occur. There are varieties of ways real estate disputes can require litigation. State, federal and bankruptcy courts can all address real estate problems. It is important to hire an experienced real estate lawyer to represent you should your dispute turn into a trial. However, a real estate lawyer can help in several key ways. Whether to prevent a lawsuit or assist you through one, real estate litigation is best handled by an experienced lawyer.
Some states allow real estate agents to help clients fill out documents regarding the purchase or sale of a property. However, it requires a licensed lawyer to actually draft and revise real estate documents. This includes documents such as deeds, leases, rental agreements, financing agreements, and purchasing contracts.
Real estate lawyers can represent the lender or borrower during the foreclosure process. From a lender perspective, a lawyer can help navigate the foreclosure process and file any formal lawsuits. A lawyer representing the borrower, on the other hand, can help negotiate a settlement agreement on their behalf. This can slow or halt the foreclosure process.
When real estate transactions do not work out, they can end up in court. In real estate litigation, lawyers represent their client’s best interest. This type of representation can entail several different elements. Legal pleadings will need to be drafted and filed with the court. Lawyers will need to participate in any hearings or trials that may result. They can also file appeals on behalf of the losing party. Real estate lawyers can assist a client with any possible bargains that could be made with their opposing counsel.
Real estate lawyers can also negotiate on a client’s behalf in several situations. Whether buying or selling property, these lawyers can negotiate any terms and conditions to be included in the transaction. Attorneys can represent their client when dealing with other attorneys, investors, developers, and brokers. Because of their experience, lawyers are likely to work better deals for their clients.
If a client would like to work their own negotiations, a real estate lawyer can still review any documents and provide advice. A trained real estate agent may notice potential legal issues before they become actual problems. By hiring a real estate lawyer to review your transaction documents, you are ensuring your document is legally sound. This can help to protect your interests should the transaction run into an issue.