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Common Causes of Real Estate Disputes

On Behalf of | Oct 29, 2013 | Real Estate Law

Real estate disputes lead to big, expensive problems. Whether you are an individual purchasing your dream home or a Minnesota business entering into a commercial real estate lease, some of the most common real estate disputes can be avoided with protection from carefully drafted contracts. The most frequent types of real estate disputes include:

  • Breach of contract. Any purchase and sale agreement or lease is a form of contract. When parties to a contract do not live up to their obligations as outlined in the contract, they can be found in breach of contract. As long as you have a properly constructed contract, you can pursue damages for losses resulting from the breach of contract.
  • Specific performance. When a party to a real estate contract fails to perform an action outlined in the agreement, a specific performance action forces the person to accomplish whatever was promised. For example, with a good contract in place, you can seek a court order forcing a seller who refuses to sell to give up the property.
  • Real estate fraud. When a party to the negotiation makes a false representation and causes you injury, that is called real estate fraud. For example, if you know that a real estate agent withheld information that threatened the success of your development, then you have grounds to pursue actual and punitive damages.
  • Boundary disputes. Disputes arise when property boundaries have not been clearly registered or, over time, a practical property line supersedes the legal line. An experienced real estate attorney can research your property boundary to determine whether there are any areas of potential disagreement.
  • Co-owner disputes. Real property owned by more than one person can be the object of a dispute when co-tenants, joint tenants or partners disagree over a wide array of issues. In such instances partition actions may arise.
  • Title issues and insurance. Title must be clean for a buyer. There are many ways to establish clear title.

Hess & Jendro Law Office, P.A. represents commercial enterprises and individuals, general contractors, subcontractors, owners, developers, lenders and borrowers in all phases of real estate transactions and disputes. Our exper