Real Estate Litigation Lawyer in Washington, D.C.
If you have questions about a real estate matter that could potentially become contentious, it’s important to connect with a real estate litigation lawyer in Washington, D.C. from Eric Siegel Law. When it comes to legal issues that could require either filing litigation or respond to litigation, it’s critical to be as proactive as possible. The earlier you can begin the process the better. It takes a lot of time to put together a case, especially for one as complex as real estate.
As soon as our firm understands the nuances of your situation, we can – based upon the actions necessary under your unique circumstances – begin investigating, preserving evidence, negotiating, and generally building a strong case that will serve your interests.
To receive specialized assistance for your legal matter, please schedule a consultation with an attorney at our firm by giving us a call today. Even if you’re unsure of whether your real estate issue will need to be managed through litigation, it’s important to be proactive. Delaying help is one of the main mistakes that clients make if they are facing a difficult legal scenario.
You don’t need to have all the answers ready when you go to your first consultation with a real estate litigation lawyer. You only need to provide the basic facts of your situation, and a lawyer will assess your case and suggest the next steps you can take from there. Seeking legal guidance as soon as a potentially contentious issue arises can help to keep that issue from progressing to a litigation phase, or, it can help to ensure that your case is as strong as possible when entering a litigation phase.
It is best to discuss your situation with a lawyer early before any more complications arise, which can make achieving a positive result for your case be more difficult. Regardless of the circumstances, you’re facing, if you’re at all concerned that your real estate issue could become contentious, please connect with our firm’s real estate litigation lawyers today.
Real Estate Litigation – The Basics
One of the most common points in time wherein real estate litigation is filed is during the real estate acquisition process. This is, by no means, the only time in which real estate litigation may be filed. However, it is a common point for disputes to arise because there is so much happening at once and so many players invested in the process itself. There is a lot at stake during this stage, so this is often where parties raise their issues and concerns.
Common Causes of Real Estate Litigation
In the current market, real estate disputes are increasingly common. There is a strong chance you will find yourself in a realistic dispute at one point or another. Depending on the situation, some real estate issues can be resolved outside of the courtroom, then litigation may become necessary if the parties cannot agree to a solution together. The most common causes of real estate litigation are listed as follows:
Breach of Contract
When a contract to purchase or sell a property is signed, it will contain terms and conditions that both parties must comply with. The contract must include Provisions regarding the title clearance, closing date, and which assets are to be included in the property purchase. If either party fails to abide by the terms described in the contract, the other may have a right to pursue compensation for breach of contract. It is imperative that you read through a real estate contract carefully.
We suggest consulting with an attorney to review this contract because they will have your best interests in mind. If your lawyer finds any red flags in the real estate contract, they can negotiate with other parties to find a solution.
Failure to Inform Property Defect
In most situations, a seller has to disclose defects that are not a parent for the property but may affect the value. If a buyer discovers an undisclosed effect once closing on a property, the buyer can pursue action against the seller legally. A buyer has the right to submit a lawsuit against a seller for failing to inform about a known but not obvious defect. For instance, if a buyer buys a property and they notice there are extensive problems with the electricity that must be fixed, and the seller did not disclose these issues, the buyer may have a right to compensation for this failure.
Dispute Over Property Boundary
If the property boundary was not correctly outlined in the real estate transaction, litigation may result. There are a couple of boundary disputes that may arise. For one, the property boundary may not have been correctly registered. And secondly, a property line utilized by those who live on it may not be consistent with the legally registered property line. You can prevent boundary dispute real estate litigation by thoroughly researching legal boundaries of the property. After reviewing a purchase agreement and property boundaries, your lawyer can warn you about any lawsuits that may arise.
Washington Real Estate Litigation Law Infographic
Scenarios That May Result in Litigation
Real estate projects often involve multiple parties, so deciding on an agreement and common goal that works for everyone and aligns with their respective interests can be challenging. The process generally features a frequent exchange of ideas and approvals during discussions. When a dispute occurs, it can take a fair amount of time to get back on the same page. This can have significant consequences on a project timeline, resulting in delays and additional expenses.
Real estate litigation is generally the result when no resolution can be made between the parties. Among the issues that may lead to litigation are zoning and historic preservation challenges, construction, vendor, and property management contract disputes, financing and sales disagreements, and environmental hurdles.
When disagreements arise, contract terms are breached, timelines are compromised, financial obligations aren’t met, defects impact the integrity of the project, etc., one or more parties may feel the need to file legal action to ensure that their interests are honored. This is often done because one or more parties may feel that they are not being heard, and a compromise is no longer in reach. Both those seeking redress and those responding to legal action need experienced representatives advocating on behalf of their rights and interests.
Advantages of Having a Real Estate Litigation Lawyer
There are many benefits to having a real estate litigation lawyer. Among many things, they can provide you with specific legal assistance relevant to your situation, review your paperwork, and advocate for you and your best interests. If issues were to arise at any point, they can evaluate your scenario and suggest strategies or alternatives you can take. Attorneys have a wealth of information and resources to use so that clients can achieve the results they are looking for. Don’t hesitate to see what a real estate litigation lawyer can help you with. Learn more about the benefits of having a lawyer by contacting our office.
Zoning and Real Estate Litigation
Zoning can be complex and confusing to understand sometimes. Governments zone different pieces of land for different purposes like residential, commercial, historical, industrial, agricultural and more. Zoning also can have a variety of disputes depending on what a piece of land is actually zoned for. If someone were to build a residential complex on a piece of land designated for historical purposes, then this may cause major issues.
Boundary disputes are another occurrence that can lead to legal issues and needing the help of experienced legal counsel. If you are dealing with boundary disputes, zoning problems, or are confused about what you can use your land for then contact us at Eric Siegel Law today to assist you with these problems. A lawyer for real estate litigation in Washington, DC from our firm is ready to answer your questions and assist you with a possible case.
Landlord Issues
Landlord issues are some of the more common reasons that you may need to seek out a real estate litigation lawyer. Disputes can sometimes arise over small issues with landlords that turn into a large conflict. When this type of thing happens you can rest assured that the lawyers at Eric Siegel Law have the experience and knowledge to assist you with the issues that you are dealing with. Landlords sometimes have been known to breach their own contracts and violate the rights of their tenants. They may evict without notice or not follow the procedures that they are supposed to for eviction or other different scenarios. When this type of thing happens it is crucial to have legal counsel on your side to ensure that you understand your rights and can avoid further conflict with that landlord.
Commercial Real Estate Conflict
There are quite a few potential issues that could arise when it comes to commercial real estate. Contacts could be violated when a person does not follow through on their end of the deal. This could be in lack of payments, not maintaining the property as agreed to in the contract, and other problems relating to not following a contract. When this type of thing occurs it is helpful to have the help of a real estate litigation lawyer. Depending upon the terms of the agreement in the contract, significant monetary terms may not have been met, or a property may have been left to ruin due to lack of maintenance or deliberate acts of vandalism.
Fraud may have been committed too if you were sold a property that was guaranteed to be in fine working order, but wasn’t. Another form of fraud could come from a scam where a property is sold to a buyer, but the seller actually had no legal claim to that said property. Eric Siegal Law is ready to help you with any commercial real estate conflicts that you may be dealing with. Contact us today to review your case and to build a strong strategy going forward.
When Real Estate Litigation Is Not “Strictly” About Real Estate
It is important to connect with an experienced Washington, D.C. real estate litigation lawyer at Eric Siegel Law, even if the legal challenges you are dealing with are not “strictly” real estate matters. A strictly real estate dispute may involve breach of a contract entered into with a supplier or a zoning dispute. However, many situations that lead to real estate litigation overlap with other areas of the law. For example, many real estate matters involve employment concerns. Perhaps the employee of a vendor is injured on your commercial property. Or perhaps an employee of yours is alleging that you have discriminated against them. Although these matters are not “strictly” real estate concerns, they are legal matters that can present genuine challenges and opportunities for someone to name you as a defendant in potentially costly litigation.
Regardless of the nature of the potential legal challenges you face in regards to a real estate matter, it is important to be proactive. Connect with the experienced Maryland legal team at Eric Siegel Law today to learn more about your rights and options as a employer, real estate company owner, property owner, etc.
Clarifying Your Rights and Options
If you have concerns about any legal reality that is related to real estate, connect with a Washington, D.C. real estate litigation lawyer at our firm today to clarify your rights and options under the law. It is important to be as proactive as you can. By connecting with our team as early in the process as is possible, we may be able to mitigate the need to file litigation, successfully mediate, arbitrate, or negotiate out of a costly litigation scenario, or otherwise protect your interests more fully than we could if you waited until litigation was underway in earnest before seeking legal guidance.
There is no “good” time to navigate a potentially contentious legal issue. However, it is unquestionably better to “get out ahead” of a potential challenge by being as proactive as you can be. Once we’ve learned about the nuances of your situation, we’ll be able to provide you with personalized guidance so that you can make informed choices about your rights and options moving forward.
Real Estate Litigation: The Traits Your Lawyer Should Have
Real estate laws are complex. You will want a professional to help you navigate them. Look no further than the experienced team at Eric Siegel Law for a real estate litigation lawyer in Washington, D.C.
A litigation lawyer takes legal action on behalf of the plaintiff or defendant, applying local laws to resolve disputes and settle commercial and residential cases, both in and out of the courtroom. Real estate litigation covers a wide range of topics, including:
- Property rights: Title, foreclosure, eviction, zoning and easement
- Ownership: Sale, purchase, transfer and inheritance
- Boundary: Fencing, trespassing and encroachment
When you need a real estate litigation lawyer in Washington, D.C., look for a professional with the following traits.
Confident Disposition
Litigation can get contentious. Choosing a lawyer with integrity, confidence, warmth and a hint of finesse is wise. We live connected; it is good to stay neighborly and remain amicable.
Effective Communication
It can be challenging to keep abreast of the details of your case. Emotions can get high and increase your level of stress and anxiety. Conversely, staying aloof and distant could result in mind roving. A lawyer who accommodates your communication style and needs can effectively advocate for you.
Experienced Background
During an investigation, it’s imperative that your lawyer has the experience and discernment needed to properly build a case and uncover the truth. Acting with foresight can prepare for the intricacies entailed.
It is essential to have a lawyer who commands attention and feels comfortable arguing your litigation. Although the facts are important, the skill in presenting can make or break your case.
Fair Compensation
Even when a lawyer has all the characteristics you are looking for, affordability overshadows all. Discussing the type of payments available is essential: a flat fee is set and done, an hourly fee involves labor and expenses that can quickly add up and a contingency fee is payment made if you win your case.
Highly Recommended
Before committing to a lawyer, you should conduct an online search through the American Bar Association to confirm he or she has an active local license, is in good standing and does not have a record of disciplinary action. Be sure to take the time to speak with references and read online recommendations.
An experienced representative who is mindful of local rules and regulations and advocates for you could provide you with needed comfort, lowering your burden. Eric Siegel Law, a real estate litigation lawyer in Washington, D.C., has solutions to your real estate litigation dilemma.
How To Understand a Failure To Disclose Lawsuit
When real estate transactions occur, there is a reasonable assumption and legal expectation that the seller will be completely honest with the buyer over any property defects that could impact the value of the property. However, there are conditions that could be discovered that weren’t totally obvious that may be eligible for a lawsuit. A real estate litigation lawyer in Washington, D.C. will be able to evaluate whether or not the situation falls under the category of failure to disclose. Here’s what you should know about these cases.
Fraud By Concealment or Misrepresentation
If the seller of a property knows that there are material damages or defects that affect the worth of the property, these must be disclosed prior to the sale. Attempts to conceal or hide defects can lead to litigation over claims of fraud. Any issues that are discovered after the sale of a property could also be held the responsibility of the seller, though there are exclusions depending on the actions of the buyer. If the buyer accidentally or intentionally destroys or damages a portion of the property, these are not the responsibility of the seller. If the seller willfully tries to conceal issues, it creates a liability.
A person can only be sued over a failure to disclose if the individual had a legal responsibility to disclose. There can be a difference between what a seller knows and what should have known, and this can lead to a complex real estate case. The attorneys at Eric Siegel Law understand the nuances of real estate in Washington, D.C., giving you the information needed to make an informed decision about a potential lawsuit. Elements to prove that concealment or misrepresentation happened include:
- The seller had knowledge of the defect.
- The property had a defect that was concealed.
- The buyer did not know about the defect.
- The defect could not have been seen by a reasonable and careful inspection of the buyer.
- The defect had a negative impact on the health or life of the buyer or was a danger to the property.
Breach of Contract
In addition to claims of failure to disclose, a seller may open a breach of contract lawsuit against a seller who omitted important information about the condition of a property. This can result in additional damages awarded, though the language of the real estate contract can be a deciding factor on the success of a breach of contract claim.
Real estate law and failure to disclose can be complex. Your real estate litigation lawyer in Washington, D.C. will be able to take you through the steps to prepare for a lawsuit.
Washington Real Estate Litigation Lawyer FAQs
Real estate law involves legal issues that have to do with owning land and the buildings on that land. Like any branch of law, real estate law can be quite complicated. Seeking the advice of a real estate litigation lawyer in Washington, D.C. from a firm like Eric Siegel Law may be necessary if you are having legal troubles. Here are some frequently asked questions when it comes to real estate law and litigation.
What Defines a Real Estate Transaction?
Before you decide whether or not you need a real estate litigation lawyer in Washington, D.C., you should have an idea about what constitutes a real estate transaction. This type of transaction is one where a seller puts their property up for sale, and a buyer purchases the property with an agreed-upon sum of money. Firms such as Eric Siegel Law have people who can help you ensure that your real estate transaction meets all legal requirements.
Is Litigation the Sole Option?
Going to court can be a time-consuming process, so you may be wondering what your other options are in the case of a real estate dispute. If both parties in the dispute are willing to cooperate, it may be possible to settle a legal dispute outside of court. This is usually done through a process of negotiation or mediation. However, it is still wise to seek the advice of an attorney to make sure that you are following the law and are not being taken advantage of by the other party in the dispute.
What Can a Real Estate Lawyer Do for Me?
A real estate litigation lawyer in Washington, D.C. can check that all of your actions, as well as any signed paperwork, completed during a real estate transaction follow all laws and ordinances. A lawyer can give you advice in cases where you have a dispute with someone over zoning, tenant rights, property boundaries, homeowner’s association requirements, contract violations, and a multitude of other issues. Attorneys specialize in a specific legal field because there are so many intricacies of the law to know about, so take advantage of their knowledge and let them assist you.
Real estate attorneys can provide a wealth of information and advice if you are experiencing a real estate dispute. However, it is important to know some of the facts of real estate law and what these attorneys do so that you come prepared with good questions.
Can a lawyer help with purchase and sales agreements?
Your lawyer can advise you as to what issues should be addressed in a purchase and sales agreement. Some of these factors often include:
- Negotiating a sale or purchase price
- Preparing an offer for purchase
- Consider tax obligations
- Identify and resolve title issues
Does a real estate litigation lawyer from your firm only represent buyers or sellers?
Each Washington, D.C. real estate litigation lawyer at Eric Siegel Law has extensive experience in representing both buyers and sellers, as well as experience in leasing and financing.
Can your firm help with conveyancing issues?
Absolutely. Our lawyers can handle title examinations, settlement preparation, and closing issues when a client is buying, selling, or refinancing their current mortgage. Our firm can also help prepare documents if a client takes out a reverse mortgage.
What about private financing?
It is not uncommon for buyers or sellers to obtain or offer private financing in real estate transactions instead of a traditional mortgage through a bank or other lending institution, such as a rent-to-own situation. Our firm can provide all the legal assistance needed in these types of transactions.
Does your firm handle commercial real estate issues?
Whether you are the buyer or seller, our firm can also provide legal assistance in commercial real estate matters, including purchase and sales agreements and financing. We also help with any lease negotiations between landlord and tenants.
In addition, we can help both individual and development companies with any zoning issues. Your lawyer will prepare and represent you at any meetings and/or hearing with a municipality or regulatory agency.
Does your firm also help with landlord/tenant issues?
If you are a landlord who is having issues with a tenant involving lease violations, our firm can help. We can also represent you through any eviction process that may be necessary, as well as any other disputes with tenants that may arise.
Is your firm able to represent clients in land court legal issues?
Our lawyers have extensive experience representing property owners in title problems, tax lien, or any other legal issues that involve a court decision.
How do I know if I need to hire a lawyer?
It can be hard to know if it is the right time to hire a lawyer. If you have a dispute, disagreement or other problem, you may want to try to resolve it yourself. However, if you have tried multiple times to come to a compromise and have still not made any progress, it could be time to hire a lawyer. If you are in the middle of a real estate litigation matter, hire a real estate litigation lawyer Washington, D.C. residents rely on so that you can have a higher chance at obtaining a positive outcome.
What cases does a lawyer handle?
Real estate law is complex, and taking on these types of cases are more difficult than it seems. A real estate litigation lawyer like one at Eric Siegel Law handles cases such as labor disputes, contract disagreements, zoning issues, property defects, and more. Hiring a lawyer boosts your chances of success because they have the experience and can find a more efficient way to find a solution that is fair for all parties involved.
Why should I hire a lawyer instead of representing myself?
You may be thinking to yourself that you do not even need a lawyer because you think you are capable enough of doing the legal research and finding the best way to resolve your issue. Failing to resolve a real estate issue can have serious consequences, and you do not want to let problems worsen and have it negatively impact you in the long term.
The first thing you should do if you have a real estate issue is to reach out to a qualified lawyer who has the experience and skills to work on your case. They can help you protect your rights so that you do not face the worst outcomes. Turn to a highly qualified and skilled lawyer like one at Eric Siegel Law for legal services regarding business litigation. If you believe you have a case, contact a real estate lawyer right away.
Legal Assistance Is Available
The decision to pursue real estate litigation is entirely up to you. There may be several reasons why people might be reluctant to take legal action when they are facing a legal matter that involves real estate. The process can be complex, take a long time to complete, and it may not end with the results you hope to achieve. However, it might be an appropriate course of action for you depending on your circumstances. For personalized help, contacting a lawyer would be beneficial if you are still undecided on what to do and would like to know your options.
Whether you’d like to avoid litigation, you need to respond to legal action, or you simply have questions about anything related to real estate litigation, please connect with the experienced Washington, D.C. legal team at Eric Siegel Law today. This area of law is understandably complex, as it combines the notoriously nuanced areas of real estate and litigation.
As a result, there are very rarely any “easy answers” to legal questions governed by this area of law. Instead of making assumptions about your legal situation or trying to navigate it without professional guidance (which could potentially make the situation even more complicated), request a consultation or case evaluation today.
Once we understand more about your unique situation, we’ll be able to provide you with personalized guidance that will empower you to make an informed situation about how you’d like to proceed. You have nothing to lose and potentially much to gain by contacting our firm’s Washington, D.C. real estate litigation lawyer at Eric Siegel Law; we look forward to hearing from you.
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