When your business is buying or selling commercial property, any delay or problem with the transaction costs you both time and money. Knowing when disputes are likely to occur and making plans to address any problems immediately is vital to the success of your project
6 Common Causes of Real Estate Disputes
Real estate law encompasses a wide range of issues related to the buying and selling of property. However, the most common forms of disputes in commercial real estate transactions in California include:
- Co-owner or partnership disputes. Whenever a property is owned by more than one person or business, this opens up the possibility of disagreement on a variety of issues that can threaten the success of a project or transaction.
- Adjoining landowner disputes. Conflict over landscaping, drainage, land encroachments, noise, or other issues can throw plans for commercial development significantly off track.
- Boundary disputes. Disagreements over the boundary of a property can occur when the boundaries were never clearly registered or if the practical boundaries of the property have surpassed the legal boundaries over the course of normal use.
- Breach of contract. Purchase and sales agreements are legal contracts. Any deviation from the requirements outlined in the contract opens up a breach of contract claim. This can involve a legal action for payment of damages or specific performance, which means that the breaching party can be required by the court to fulfill the terms of the original contract.
- Fraud. Misrepresenting the condition of the property or falsifying financial information is a form of fraud that can involve a claim for both actual and punitive damages. However, for a claim to be valid, the other party must have relied on the fraudulent information and suffered harm because of this misrepresentation.
- Title problems. A property needs a clear title for the sale to proceed. Liens must be removed, which may involve legal assistance.
Stone LLP Can Help Resolve Real Estate Disputes
Carefully prepared contracts are often the best way to prevent real estate disputes, but there are times when you may find yourself in the middle of a time-consuming and costly dispute despite your best efforts. When a crisis occurs, the real estate trial attorneys at Stone LLP can help. Our legal team has the skills and experience necessary to handle any California commercial real estate dispute. Call our office or fill out the contact form on this page to learn more.