Resolve Real Estate Contract Disputes and Resolutions
Summary
This article will discuss mediation, arbitration, and litigation by Fox & Moghul Law to resolve real estate contract disputes. In addition, it brings into focus how a business lawyer Virginia and a commercial real estate broker in Virginia plays a crucial role to resolve disputes.
Table of Contents:
- Introduction
- Common Types of Real Estate Contract Disputes
- Misrepresentation and Fraud
- Breach of Contract
- Financing Disputes
- Methods for Resolving Real Estate Disputes
- Mediation and Arbitration
- Litigation as a Last Resort
- Role of Fox & Moghul Law in Resolving Disputes
- Conclusion
- FAQs
Introduction
Real estate transactions demand high stakes. So, when disputes arise, it must be addressed promptly. In Virginia, however, it can become invaluable to have an experienced business lawyer. If it’s misrepresentation or the breach of the contract, it matters how well an attorney can navigate those conflicts. A business lawyer Virginia from Fox & Moghul Law can bring successful outcomes. This article identifies the common real estate contract disputes. It also explores the best ways to resolve them using professional input.
Common Real Estate Contract Disputes
Real estate contracts bring with them many forms of disputes. All of which have unique features and consequences. It is important to know the nature of such common disputes. It will assist parties in relating with potential legal situations.
Misrepresentation and Fraud
Misrepresentation refers to false information furnished. It affects the other party’s decision to enter the contract. It may regard any characteristic of the property. That might be some zoning issues apart from financial liabilities. The buyer would suffer due to such misleading information. Thus, litigation would be filed against a seller like that.
Fraud
Fraud is more egregious than misrepresentation. It involves deception but with intent. In this a seller knows about the defects or lies about the history of property. The victims are entitled to rescission of their contract and damages for financial losses suffered. Misrepresentation and fraud are very similar. However, their provisions differ significantly by state as well as in law. So, it is wise to seek legal experts who can help resolve such issues.
Breach of Contract
This arises when one of the parties cannot perform its obligations as agreed. An example would be a seller’s failure to make promised repairs. Or, a buyer’s failure to secure financing within the needed time. Such breaches put the transaction further off track. It may even result in specific demands or monetary damages.
Financing Disputes
Financing disputes often arise from the buyer’s loan arrangements mishandling. It results in the failure of many deals. Financing terms sometimes change in ways that keep either party fighting against the lender. These are always very complex. It will be difficult for the parties having to engage in negotiations or litigation.
Methods of Settling Real Estate Disputes
There are various ways to resolve real estate issues. Here are the key ways to resolve real estate contract disputes.
Mediation
Mediation supplies expeditious, non-litigious solutions to most real property disputes. A workable agreement between the disputing parties is attained. It involves a neutral third party.
Arbitration
Arbitration involves a process that is more formal. It provides an arbitrator to see to it that a binding decision is reached. Arbitration and mediation are faster and cheaper. Especially, when it comes to misrepresentation and breach of contract.
Litigation as the Last Resort
Litigation is the silver bullet for others, but not a last resort for some. However, if there is fraud or serious breaches of contract, it comes in handy. Fox & Moghul Law provides its clients with very effective litigation. They protect their interests and add specific conditions in the contract. This would then lead to court orders to force specific performance. So, the party who incurred a breach is compelled to comply with the obligations. They may have to compensate for the damages.
Role of Fox & Moghul Law in Resolving Disputes
Fox & Moghul Law offers ways for the resolution of real estate contract disputes. They have an in-depth knowledge of Virginia real estate law. They facilitate clients in dealing with fraud, breach of contract, and financing disputes. Clients benefit by successfully getting the best possible outcome. Also, Fox & Moghul Law works closely with commercial real estate brokers in Virginia. It will help review and draft contracts beforehand. That way, any disagreement that may arise will be checked before it is too late. They have direct relations with the clients. It will ensure that the procedure of transactions has an easy flow. Hence, the possibility of misunderstanding or conflict is low.
Conclusion
Real estate contract disputes involve misrepresentation, breach of contract, or financing. However, these disputes can still be resolved through mediation, arbitration, or litigation. It all depends on the circumstances. Fox & Moghul Law offers complete legal service in such disputes. They resolve such issues for the protection and prosperity of the investments.
FAQs
- How is a misrepresentation settled?
Misrepresentation can be resolved through arbitration or litigation.
- What is the most common type of real estate contract breach?
Breaches of contract and misrepresentation are amongst the most common issues.
- Should I hire an attorney for a dispute of a real estate contract?
Yes. Fox & Moghul Law will resolve a dispute concerning contracts of real estate.