A property dispute is a legal conflict that arises when two or more people disagree over real estate ownership, boundaries, liabilities for damage, or responsibility for repairs, among other issues. These disputes can occur over various properties, including vacant land, homes, and roads, and involve various parties, such as homeowners, landlords, tenants, and government agencies. Below are common property disputes and ways to resolve them.
One common property dispute is between real estate agents and clients. This disagreement occurs when a seller or agent misrepresents information about a property, such as its value or expected rent. If a buyer relies on these misrepresentations when purchasing the property, they can take legal action against the seller or those involved in making the misrepresentations. However, it is advisable to gather evidence and seek the advice of a real estate attorney to determine the best course of action. One should also consider negotiation or mediation before resorting to litigation.
Another common property dispute is a breach of contract, which occurs when one party fails to fulfill its obligations as stated in a legally binding agreement. For instance, a breach of contract can arise when a buyer fails to pay the required deposit by the date specified in the sales contract. In such cases, the seller is entitled to terminate the contract and take legal action to recover the unpaid deposit amount. Depending on the terms of the contract, the seller may also seek damages beyond the unpaid deposit.
To resolve a breach of contract dispute, one can review the contract and notify the buyer of the violation in writing. If negotiation fails, legal assistance may be necessary to recover the unpaid deposit amount and damages incurred. Seeking legal counsel can help navigate the dispute and protect one's legal rights.
A breach of duty is another common dispute that arises when real estate agents don’t uphold their duty of care to clients, such as failing to maintain confidentiality and disclosing relevant information, leading to harm. In landlord-tenant disputes, breach of duty can arise from lease violations, responsibility for repairs, or eviction issues. Communication between the involved parties may help solve the dispute in both instances. If communication fails, victims can pursue legal action through the help of their attorneys to recover damages or harm suffered.
A failure to disclose defects is another dispute that can occur when a property seller intentionally conceals significant property flaws or damage from the purchaser. In this case, the purchaser may sue the seller, the real estate agent, and the building inspector who failed to detect the damage or concealment. However, proving the seller's knowledge of the defect can be challenging, and seeking legal advice is recommended.
Property disputes may also arise over property lines and property rights. Property line disputes can happen when boundaries are not defined or when neighbors build structures that cross property lines. A survey and legal consultation can help resolve such disputes. On the other hand, property right disputes typically entail rights or restrictions that continue with the property sale and can arise between neighbors. Legal advice can help resolve such disputes and protect the owner’s rights.
To avoid property disputes, one should conduct a thorough title search to ensure it is legally clear and double-check the sale deed to verify that it has no errors. One should also be careful with inherited properties, ensuring that the beneficiary's name is on relevant records and that the property was distributed according to succession laws. Clear communication with co-owners and written agreements are also vital to prevent misunderstandings as well as provide evidence in disputes.
