Real Estate Litigation Lawyer Silver Spring, MD

In today’s market, real estate disputes are increasingly common. Whether you are the property owner of a residence, a condominium association, a commercial real estate developer, or property management company, there’s a fair chance that you will find yourself in a real estate dispute at some point. Some disagreements can be resolved quickly and outside of court, but there are times when litigation becomes necessary. Here our Silver Spring, MD real estate litigation lawyer has reviewed a few of the most common causes of real estate litigation and how you can avoid them. If you have questions or need help with a real estate litigation related matter, please reach out to Eric Siegel Law right now for assistance.

Breach Of Contract

Real estate agreements are binding contracts. When someone signs a contract to purchase or sell a property, this contains terms and conditions that both parties have to comply with. The real estate contract may entail provisions regarding title clearance, closing date, financing, and which assets are included with the property purchase. When either party fails to abide by the terms in the contract, the other has the right to take legal action for breach of contract. This is why it is important to review your contract thoroughly before signing, so you fully understand what is expected of you and what the other parties must fulfill. We strongly suggest contacting our knowledgeable real estate litigation attorney to read through a contract prior to it being signed. Should your lawyer notice any issues in the contract, they can negotiate with the other party to resolve this issue. It is better to take more time in carefully considering a contract before providing a signature, than to get legally trapped in a contract with terms that are unfavorable for you.

Failure To Disclose Defect

In most states, a seller has to disclose any property defects that are known and not evident that could impact the value. Let’s say that a buyer discovers that a defect went undisclosed after closing. They can pursue legal action against the seller. The buyer has the right to initiate a lawsuit if the seller failed to be transparent about a known and hidden defect. The buyer must show that the defendant was aware of the defect or should have reasonably known about it, yet intentionally concealed it. Common defects can be things like mold in the walls, holes in the roof, and improvements that never got the proper permits. If you are in a situation now where defects went undisclosed, please contact our office today for advice on what to do next.

Eric Siegel Law

Real estate transactions are often done with pure intent. But there are times when people aim to conceal the truth about a property which may lead to a dispute. Those who purchase property want to know exactly what they are getting into. Those who lie purposefully to get away with something should be held accountable. If you are dealing with any kind of real estate related matter, we suggest speaking with our MD real estate litigation attorney as soon as you can. Our team at Eric Siegel Law may be able to resolve the dispute without going to court, but if that is not possible, we can prepare your case for court. We are ready to offer guidance. Contact us today.

Resolving Landlord Tenant Disputes

Your Silver Spring MD real estate litigation lawyer can help you protect your rights and understand your next steps if you’re dealing with a landlord-tenant dispute. At Eric Siegel Law, we have over 30 years of legal experience inside and outside the courtroom – and we also have years of experience in real estate. We’re ready to use our familiarity with both fields to help you get the outcome you deserve.

Landlord-tenant disputes are among the most common conflicts in the realm of property management and can arise from a myriad of issues. Understanding these conflicts and knowing how to address them effectively is vital for maintaining a constructive relationship between landlords and tenants.

Legal Basis For Disputes

The legal landscape surrounding landlord-tenant relationships is governed by specific state laws that provide clear guidelines on the rights and responsibilities of both parties. These laws cover a wide range of areas including lease agreements, tenant privacy, maintenance duties, eviction procedures, and security deposits. Disputes often arise when there is a misunderstanding or disagreement on these issues, and both parties feel their rights are being infringed.

Common Areas Of Conflict

One frequent area of disagreement is the maintenance of the property. Tenants may feel landlords are not quick enough in addressing repair issues, while landlords may be frustrated with the care a tenant takes of the rental property. Another common dispute centers around the return of security deposits, where tenants may feel deductions are unfair or without proper justification.

Rent increases and eviction notices can also lead to significant conflict. These are highly sensitive issues that can escalate if not handled with care and legal foresight. Additionally, disputes over lease renewals and terms of termination can create tension and legal challenges for both landlords and tenants.

Steps To Resolve Disputes

The first step in resolving any dispute is to refer to the lease agreement, which should clearly outline the rights and responsibilities of each party. It’s beneficial for both landlords and tenants to have open lines of communication and to address issues before they escalate into larger problems.

When disputes do arise, it’s often effective to seek mediation. This can provide a neutral ground for both parties to express their views and reach a mutually acceptable resolution without needing to resort to formal legal action. Mediation can save time, reduce costs, and preserve the landlord-tenant relationship.

However, when mediation is not successful, or the issues are too complex, legal intervention may become necessary. All the more reason to contact a Silver Spring real estate litigation lawyer you can trust.

Legal Support When You Need It

At Eric Siegel Law, we have extensive experience in addressing and resolving landlord-tenant disputes. We understand the stress and frustration these disagreements can cause and are dedicated to helping our clients find solutions that protect their interests and promote a fair outcome.

We offer guidance through the legal process, from negotiating and drafting lease agreements to representing clients in court if disputes escalate. Our approach is to provide clear, actionable advice and strong representation, while also being mindful of the costs and stresses involved in legal proceedings. Reach out to us today, and see how a Silver Spring real estate litigation lawyer from our office can help.

Preparing For Commercial Property Disputes

Your Silver Spring, MD real estate litigation lawyer from our office can point you in the right direction if you’re dealing with any real estate conflicts or disputes. At Eric Siegel Law, we have over 30 years of legal knowledge and courtroom experience – and with over a decade in business and real estate under our belts, we can help you find the right solution to your commercial property issues.

To get you started on the right foot, we’ve compiled key considerations that property owners and managers should keep in mind when dealing with these often challenging issues. Here’s what you need to know:

Document Everything

Documentation plays a pivotal role in any commercial property dispute. From the initial lease agreement to correspondence about maintenance issues, make sure every interaction and transaction is recorded and easily accessible. This practice not only helps in presenting a clear case but also aids in preventing disputes before they escalate.

Understand Your Lease Agreements

A thorough understanding of the terms of your lease agreements is crucial. This means paying attention to clauses about dispute resolution, tenant responsibilities, and landlord obligations. Misunderstandings often arise from differing interpretations of these documents, so it’s beneficial to review them with a legal advisor before disputes occur.

Know The Local Laws

Property laws can vary significantly from one location to another. Being well-informed about your local laws concerning commercial real estate, such as zoning regulations and tenant rights, is essential. This knowledge can help in assessing the validity of any claims made by or against you. Fortunately, your Silver Spring real estate litigation lawyer can bring you up to speed.

Engage In Mediation When Possible

Mediation can be a more cost-effective and less adversarial way to resolve disputes. It involves a neutral third party helping the disputing parties to reach a voluntary, mutually beneficial resolution. Consider mediation as a first step before moving to more formal legal proceedings.

Regular Property Inspections

Regular inspections of the property can prevent many disputes related to maintenance and condition of the premises. These inspections should be documented thoroughly to provide a clear history of the property’s condition, which can be invaluable in legal scenarios.

Plan For Financial Impact

Disputes can be costly, affecting not just legal fees but also lost revenue if the dispute interferes with the usability of the property. Planning financially for potential disputes can alleviate some of the stress and potential financial strain caused by prolonged legal battles.

Seek Professional Advice Early

Sometimes, the best way to handle a dispute is to involve a professional from the start. Seeking advice from a legal team can provide clarity and direction, helping to manage the dispute more effectively from the outset.

By keeping these considerations in mind, you can better manage and resolve disputes related to your commercial property. Effective dispute management not only helps in maintaining professional relationships but also preserves the value and productivity of your property.

Contact Us Today

At Eric Siegel Law, we are ready to stand beside you through any disputes you may face. If you’re facing a challenging property dispute or want to prepare for potential future issues, reach out to our team today, and see how a real estate litigation lawyer from our office can help.

Silver Spring Real Estate Litigation FAQs

Your Silver Spring, MD real estate litigation lawyer can help you understand your next steps, whether you’re dealing with a landlord, trying to figure out property lines, or facing issues with commercial real estate. At Eric Siegel Law, we’ve spent over a decade in business and real estate. Combine that with our 30 years of legal experience, and you get a team that’s ready to help you deal with your real estate litigation, every step of the way.

This guide addresses some of the most common questions we encounter in our practice, providing clear and helpful insights. Read on to learn more about real estate litigation:

How Can I Resolve A Dispute With My Landlord?

Disputes between tenants and landlords can often be resolved through open communication and negotiation. It’s advisable to first approach your landlord with any concerns or issues in a written format, detailing the specifics of your complaint. If this approach does not lead to a satisfactory resolution, seeking mediation might be a beneficial next step. Mediators can facilitate a more amicable solution without the need for court intervention.

How Long Does A Typical Real Estate Lawsuit Last?

The duration of a real estate lawsuit can vary widely based on several factors, including the complexity of the case, the jurisdiction in which the lawsuit is filed, and the court’s schedule. Generally, a straightforward real estate dispute might be resolved in a few months, but more complex cases can take a year or more. Get in touch with your Silver Spring real estate litigation lawyer as soon as possible to get started.

What Are The Potential Outcomes Of A Real Estate Lawsuit?

The outcomes of a real estate lawsuit can range from monetary compensation to specific performance, where the party at fault is required to fulfill their part of the agreement. In some cases, a court might also order the rescission of a contract, returning all parties to their status before the contract was executed.

How Are Boundary Disputes Legally Resolved?

Boundary disputes are typically resolved by examining the property’s deed and any other relevant documents, such as surveys and maps. If the documents are unclear and the neighbors cannot reach an agreement, they may need to hire a surveyor to determine the property lines. If the dispute persists after this step, it may be necessary to file a lawsuit to obtain a judicial determination of the property boundaries.

What Are Common Legal Issues In Commercial Property Transactions?

Commercial property transactions can involve several legal issues, including zoning and land use issues, breaches of contract, disputes over property condition disclosures, and problems arising from the property’s title. Buyers and sellers may also face issues related to financing and environmental compliance. Addressing these issues promptly and effectively often requires a detailed review of all transaction documents and possibly negotiating amendments to address any concerns.

Contact Us Today

Navigating real estate disputes requires a solid understanding of the law and a strategic approach to dispute resolution. At Eric Siegel Law, we’re here to provide the guidance and representation you need to address these challenges effectively. If you’re facing a real estate dispute, contact us today to get in touch with a Silver Spring real estate litigation lawyer you can trust.

Silver Spring Real Estate Litigation FAQs

Your Silver Spring real estate litigation lawyer can help you protect your rights, and your investment. At Eric Siegel Law, we have 30 years of experience helping our clients with a wide range of real estate litigation, and we’re ready to fight on your behalf against unscrupulous buyers or sellers. Read on for some important FAQs, and contact us today to get started with your case.

What Are My Legal Options If A Seller Fails To Disclose Defects?

If you’ve purchased a property and later discover that the seller did not disclose certain defects, you have several legal options. Typically, you can seek a remedy either through rescinding the sale (canceling the transaction) or by seeking damages (compensation for the cost of repairs and any decrease in property value). The specific approach would depend on the severity of the defects and the laws in your state, which often require sellers to disclose known issues to buyers.

What Legal Steps Should I Take If Faced With A Zoning Issue?

Facing a zoning issue can be challenging. If your property use is being questioned or you want to change the zoning classification, it’s advisable to start by reviewing the local zoning ordinances to understand the specific restrictions and requirements. If you believe there is a mistake or if you need a variance, applying to your local zoning board is the next step. You should contact your Silver Spring real estate litigation lawyer if you’re considering challenging zoning restrictions.

What Can I Do If My Property Is Wrongfully Foreclosed?

Wrongful foreclosure can be a distressing experience. If you believe your property was foreclosed upon in error, perhaps due to a mistake by the bank or a breach of contract, you should immediately contact a legal professional. You might be able to challenge the foreclosure in court, seek to have the foreclosure reversed, or claim damages for any losses incurred.

What Rights Do Tenants Have In A Lease Dispute?

Tenants have various rights in lease disputes, which typically include the right to a habitable living environment, the right to privacy, and protection against unlawful eviction. If a dispute arises, such as over repairs, rent increases, or return of a security deposit, tenants should first review their lease agreement to understand their specific rights and obligations. Legal advice may be necessary if the issue escalates, and tenants may also seek mediation or file a complaint with a local housing authority.

How Is Liability Determined In Real Estate Fraud Cases?

Liability in real estate fraud cases is generally determined by proving that intentional misrepresentation, nondisclosure, or deceit occurred during the real estate transaction. Establishing liability involves demonstrating that the party accused of fraud knew about the deceitful condition and intentionally concealed this information, causing the other party to suffer a loss. Evidence such as emails, texts, contractual documents, and witness testimony are crucial in these cases.

Contact Us Today To Get Started

At Eric Siegel Law, we specialize in providing personalized legal services that help our clients resolve their real estate disputes effectively. If you are dealing with a real estate issue and need professional advice, don’t hesitate to reach out to us. We’re here to support you and protect your legal rights. Contact us today, and see what a Silver Spring real estate litigation lawyer from our team can do for you.