Real Estate Litigation Lawyer Montana
In a perfect world, every real estate transaction would conclude with all parties pleased with the outcome, but a Montana real estate litigation attorney knows that issues can arise that often lead to disputes. These issues can come up either during or after the transaction is complete and resulted in serious financial problems. If you find yourself dealing with a real estate dispute, the legal team at Silverman Law Office, PLLC can help.
Types Of Real Estate Disputes Our Firm Handles
Real estate disputes can – and often do – end up in real estate litigation. When issues do arise, it is critical to try to work out an amicable solution with the other party in order to avoid the need to go to court. This is where having a seasoned Montana real estate litigation attorney representing you can make all the difference. At our firm, we have built a solid reputation in the legal community for being skilled negotiators, however, we are also known for our strong and extensive litigation experience.
Some of the more common types of real estate dispute cases we have successfully handled include the following:
- Breach of contract – Any type of real estate transaction requires a contract between the buyer and the seller. That contract will stipulate all the responsibilites each party has in the transaction. This includes the purchase prices, the deadline for closing the sale, property issues the seller needs to address, etc. If either party fails to fulfill its obligations, this can result in a breach of contract. The breach can cause financial losses for the other party and those losses can be recovered in litigation.
- Boundry disputes – It is not uncommon for two neighboring property owners to believe they both have ownership of a certain area of land. There may even be fencing or a structure in the disputed area. In some cases, the parties end up in litigation because they cannot resolve the dispute through negotiation.
- Title disputes – Whenever you are purchasing a piece of property, it is critical to have a professional conduct a title search to ensure there is no question that the potential seller actually owns the property. It is also important to be aware of any easements on the property that could interfere with ownership. Otherwise, a buyer may eventually find themselves in court trying to prove the property they purchase is actually theirs if another party shows up claiming ownership.
- Mechanic or property liens – If the owner of a property allegedly owes another party money, that party can take the steps to place a lien on the property which can result in all kinds of legal problems, including being unable to refinance or sell the property. A lien can be place on the property for failure to pay municipal, state, or federal taxes, or by another creditor who claims they are owed funds the owner has failed to pay. A contractor can place a mechanic’s lien on the property if they have not been paid for work and/or materials on the property. This includes subcontractors hired but not paid by a general contractor the property owner hired and paid.
Real Estate Litigation FAQs
At Silverman Law Office, PLLC, we understand that real estate litigation can be complex and daunting; with over twelve years of experience, we know you most likely have a lot of questions about your case. Whether you’re a property owner facing a dispute or have received a summons related to real estate matters, it’s essential to have clarity on your rights and options. In this FAQ guide, we address common questions about real estate litigation to provide insight and guidance to our clients.
What Should I Do If I Receive A Summons Or Complaint Related To Real Estate Litigation?
If you receive a summons or complaint related to real estate litigation, it’s crucial to act promptly and seek legal representation. Contact our experienced real estate litigation lawyers to review the documents and discuss your options. We’ll assess the situation, advise you on the best course of action, and represent your interests in court if necessary.
What Are My Rights As A Property Owner In A Real Estate Dispute?
As a property owner involved in a real estate dispute, you have various rights that deserve protection. These may include the right to ownership, quiet enjoyment, and due process. Our lawyers can help you understand your rights under the law and work to safeguard them throughout the legal process. Your case will determine which rights you will need to know about as each case is different.
Can Real Estate Litigation Be Avoided Through Alternative Dispute Resolution Methods?
Yes, real estate litigation can often be resolved through alternative dispute resolution (ADR) methods such as mediation or arbitration. These approaches offer a less adversarial and more cost-effective way to address conflicts outside of the courtroom. Our lawyers have extensive experience in ADR and can help you explore these options to reach a favorable resolution. You do not need to be worried about your case, most times just talking them through with the opposing party and coming to an agreement will see to the end of it.
What Evidence Is Needed To Support A Real Estate Litigation Case?
Evidence plays a crucial role in supporting a real estate litigation case. This may include documents such as contracts, deeds, leases, correspondence, and property records. Additionally, witness testimony, expert reports, and photographic evidence may be necessary to strengthen your case. Our lawyers will assist you in gathering and presenting compelling evidence to support your claims effectively.
What Are Common Issues That Lead To Real Estate Litigation?
Real estate litigation can arise from various issues, including boundary disputes, breach of contract, landlord-tenant conflicts, construction defects, zoning violations, and title disputes, among others. These issues can escalate into legal disputes that require intervention by experienced lawyers. At our office, we have the knowledge and resources to address a wide range of real estate matters and advocate for our clients’ interests. No matter what the issue might be, our lawyers have seen it all and are ready to represent you.
Navigating real estate litigation can be challenging, but you don’t have to face it alone. Our team of dedicated real estate litigation lawyers at Silverman Law Office, PLLC, is here to provide reliable guidance and advocacy every step of the way. Contact us today to schedule a consultation and learn how we can assist you in resolving your real estate disputes effectively.
Contact Our Law Firm Today
If you find yourself involved in a potential real estate dispute, do not hesitate to reach out to the Silverman Law Office, PLLC to meet with a dedicated Montana real estate litigation attorney. Call our office to schedule a confidential consultation and find out what your legal options may be.
