Real estate disputes can often be complex, stressful and worse of all, the consequences may be financially devastating for all parties involved. That’s why it’s important to seek legal advice from a real estate law office such as Bernard Lau and Co. to ensure that you are aware of your legal obligations, risks and to ensure that your legal rights are protected in any dispute.
Initial steps
Here are some suggestions for you to consider if you find yourself in a real estate dispute:
Identify the Problem and Learn All the Details
The first step in resolving a real estate dispute is understanding the nature of the problem. Common real estate disputes include breach of real estate purchase contracts, realtor negligence and commission disputes, filing and removing liens on a property, and even co-ownership disputes where some owners wish to sell the property and others don’t. It’s important that you clearly identify the issues you’re having and gather all relevant documentation, including contracts, notes, and correspondence. A comprehensive overview of your situation will prepare you to discuss your case with a real estate lawyer. That leads us to the next step.
Seek Legal Counsel
Hiring a real estate lawyer early on is one of the most important steps you can take in resolving a real estate dispute and avoiding early missteps and pitfalls. A real estate lawyer has the expertise in property law and can provide you with expert advice and representation throughout the dispute resolution process as they are familiar with local laws and regulations, as well as legal options that may be suitable for your situation including mediation, arbitration, negotiation and litigation.
Begin the Consultation and Assessment Process Early
Once you’ve selected a real estate lawyer, the next step is to schedule a consultation as soon as possible. Many real estate disputes are time sensitive and some courses of action may be irreversible so it’s advisable that you consult with a lawyer early on. For example, if you are faced with a breach of contract being committed by the other party, the act of accepting the end of the contract may be irreversible and prevent you from pursuing certain legal remedies later on. Before you make crucial decisions and act on them, get legal advice first. During this meeting, your lawyer will usually assess your case, ask questions about your situation and provide an initial analysis. They should explain your legal options and help you understand the potential outcomes as well as give you a preliminary assessment of your success at trial.
Participate in Negotiation, Mediation or Arbitration
In many real estate disputes, negotiation and mediation can lead to a resolution without the need for a full-blown court battle. Your real estate lawyer is your advocate during these discussions, working to find common ground with the other party and to reach a mutually acceptable agreement. This is often a faster and more cost-effective way to resolve real estate conflicts.
Prepare for Litigation
If negotiation or mediation don’t resolve the problem, your real estate lawyer may need to prepare your case for litigation. That involves gathering all the evidence, conducting legal research, interviewing witnesses and building convincing legal arguments. A seasoned and knowledgeable lawyer protects your rights and presents your case effectively in court to maximize your chances for a successful trial outcome.
Commence Court Proceedings
If the dispute heads to Court, your real estate lawyer is responsible for advocating effectively for you. The goal is to convince the judge that your position is correct, supported by the evidence and the law, and that you deserve what it is that you ask of the Court. An experienced real estate lawyer can make a significant difference to your case and guide you through the legal process to come to an ideal outcome.
Take Post-Trial Action
Once the court has made its decision, called a judgment, post-trial actions may still be required, such as enforcing a judgment to collect your monetary award, or appealing an unfavourable decision. Your real estate lawyer should guide you through these steps and ensure your rights are protected even after the trial concludes as there is often further follow-up work that needs to be done.
Are You Looking for a Richmond Real Estate Lawyer?
Real estate-related disagreements can be complex and emotionally draining, but you can navigate these challenges effectively with the right legal representation. Consulting a real estate or civil litigation lawyer is crucial in protecting your interests and reaching a desirable resolution.
If you’re in a real estate dispute, contact one of Bernard Lau and Co.’s experienced Richmond lawyers for guidance and assistance. Our lawyers have extensive and successful litigation experience in real estate-related disputes and we will work to protect your best interests.
Call 604-285-5240 or complete our contact form to request a consultation.
