A 2022 report by the Administrative Office of the United States Courts shows that real property filings, with the US as the plaintiff, increased by 3% (up 62 cases) as cases related to foreclosure grew 21% (up 114 cases).
There are four common real estate disputes that arise among people having transactions on their properties. These disputes are mostly due to breach of contract, breach of duty, failure to disclose property defects, and property line disputes.
North Carolina real estate attorney Tiffany Webber says that there are various real estate issues you may face depending on the type of property and what you’re trying to do with it, whether it’s selling, purchasing, maintaining, planning, and developing.
Let’s look at the key strategies to adapt to real estate issues and how important the guidance of a well-versed real estate lawyer is in dealing with real estate disputes.
Understanding the Dispute
To effectively resolve a real estate dispute, you must first understand the nature and root causes of the disagreement. Whether it’s a disagreement over property boundaries, lease terms, or property conditions, begin by examining the initial agreements or contracts related to the property. Look for any ambiguities or areas where interpretations may differ.
According to www.bradphillipslaw.com, a negotiation process outside the court can resolve contract disputes. If the negotiation fails, then the affected parties can then proceed to court.
When things spiral out of control, you should seek the guidance and advice of a real estate lawyer to handle the legal work for you.
Each party may have different expectations or interpretations of the situation. Listen attentively to each side’s concerns and motivations, so you can gain a holistic view of the dispute. This understanding can help in finding common ground and potential solutions that address the core issues at hand.
Open Communication Channels
Make sure that all parties involved can openly express their concerns and perspectives. Clearly outline the issues at hand and work towards finding common ground through respectful dialogue.
Maintain transparency throughout the communication process by sharing relevant information openly and honestly. Address any misunderstandings promptly to prevent escalation of the dispute.
Exploring Mediation Options
Mediation involves a neutral third party who assists in guiding the conflicting parties towards a mutually acceptable agreement. It’s a voluntary process that allows you to actively participate in finding a solution rather than having one imposed on you. Mediation can be a cost-effective and time-efficient alternative to litigation, helping to preserve relationships and avoid the stress of a court battle.
When exploring mediation, look for a mediator with experience in real estate matters. The mediator will help you and the other party communicate effectively, identify key issues, and brainstorm possible solutions. The goal of mediation is to find common ground and settle the dispute in a way that satisfies both parties.
Seeking Legal Counsel
When faced with challenging real estate disputes, your next step should involve seeking guidance from qualified legal counsel to deal with the difficulties of the situation.
Legal counsel can assist you in interpreting difficult real estate contracts, resolving property boundary disputes, handling landlord-tenant issues, and addressing zoning or land use problems. They can represent you in negotiations, mediation sessions, or court proceedings if necessary.
Implementing Agreed Upon Solutions
Real estate disputes require transparent communication and cooperation among all parties involved to effectively implement agreed-upon solutions. After reaching a resolution, it’s important to record the agreed terms in written form. This written agreement should outline the specifics of the solution, including timelines for implementation and responsibilities of each party.
Follow through with the agreed-upon solutions promptly. Adhere to the deadlines and commitments outlined in the agreement. Timely execution is key to preventing any further misunderstandings or disputes from arising.
Conclusion
Resolving real estate disputes may seem overwhelming, but understanding the issue, communicating openly, considering mediation, seeking legal advice, and implementing agreed-upon solutions can help you manage your case. Be cooperative and maintain open lines of communication to help you arrive at a resolution that benefits both of the affected parties.
