Typically, it’s best to resolve real estate disputes out of court using arbitration, mediation, or negotiation. This is the most cost-effective and least time-consuming option for the majority of cases.
However, when one party won’t compromise or continues to engage in behavior that puts the future of your business at risk, you shouldn’t hesitate to pursue litigation. Additionally, litigation is the most reasonable choice if a case involves complex issues of legality and property rights or allegations of criminal conduct by one party.
Types of Litigation
Real estate litigation can involve disputes that occur during any part of a transaction, such as boundary disputes, breach of contract claims, or disputes between co-owners. Depending on the type of dispute, litigation can involve buyers, sellers, tenants, owners, and others with an interest in a property.
The Litigation Process
The litigation process will vary somewhat depending upon the specifics of the case but typically involves a plea from the defendant followed by pre-trial meetings. Success in pre-trial meetings often comes down to which side has done a better job of documenting their position with a clearly defined paper trail—especially if the case involves allegations of fraud or misrepresentation.
When the pre-trial matters have been decided, a trial takes place. If one party isn’t happy with the court’s judgment, an appeal can be filed.
Why Your Company Needs an Experienced Real Estate Attorney
If your company is embroiled in a dispute that involves litigation, it’s vital to seek the assistance of an attorney with experience in real estate law. Real estate litigation is considered complex litigation because it requires a comprehensive understanding of contractual relations and tort concepts as well as the business goals of the project. Over the course of the case, your firm's lawyer must be able to handle the possibility of litigating in both federal and state courts.
At Stone LLP, you’ll enjoy the benefits of big firm talent with small firm service. Our attention to detail, responsiveness to client concerns, and innovative litigation strategies have earned us a reputation as one of the top real estate firms in Southern California. Contact our real estate trial attorneys today to discuss how we can help your company resolve your real estate dispute.