Transactional Real Estate Litigation Attorneys

Real estate transactions can be more complex than the average agreement between two parties. There are many moving pieces at various points in the transaction process, and the potential for disputes remains once the deal closes.

You can learn you did not get what you paid for or that the other party engaged in misconduct during the transaction.

Regardless of what happened, the legal principle is always the same: the contract governs your transaction. You can sue the other party for breach of contract, and they may be liable for damages. You may even get out of the real estate transaction altogether.

However, the real estate litigation process can be difficult and time-consuming, and you are uniformly better off when you get help from a real estate lawyer to represent you. Transactional Real Estate Litigation Attorneys have in-depth knowledge of the legal system and can effectively protect your rights.

You need a trusted real estate litigation attorney from Lopez Law Group to represent you through every stage of the process.

Our attorneys have spent years practicing real estate law, and we understand the intricacies of real estate litigation. We can analyze the specific details of your case, identify potential legal issues, and devise effective strategies to protect your rights and interests.

Your real estate attorney can also provide common-sense legal advice and vigorous representation during the dispute process. On your own, you may let your emotions get the better of you, increasing the chances that your case goes all the way to trial. In some cases, you will need to litigate your case to the end, and a real estate attorney can present your side of the story to the court.

When you need legal backing for a real estate transaction, look no further than Lopez Law Group. Call (727) 933-0015 today to learn more about our legal services.

Common Real Estate Transactional Disputes

Whether you have been in a commercial or residential real estate transaction, things can always go wrong during or after the process. Each party has quite a bit at stake and will work hard to protect their financial interests during and after the transaction.

Some common transactional real estate disputes include:

• One party tries to back away from the transaction, or they cannot hold up their end of the transaction (such as being unable to obtain funding or refusing to deliver the property as agreed on by the parties).
• There may be issues with the property that emerged after the transaction closed, such as defects that the seller may have failed to disclose or that they made affirmative misrepresentations in the sales process.
• The seller may not have had the power to convey what they did in the transaction because the deed was not in good standing or there was an easement on the property.
• Construction defects with the property may become apparent after completing the project.

Each party to a real estate transaction has rights and obligations. They may each avail themselves of their remedies, which can lead to litigation if they cannot resolve the dispute using other means. At Lopez Law Group, our real estate litigation attorneys explore every dispute resolution option in every case.

The Real Estate Litigation Process

Any type of litigation can be contentious and drawn out. You can expect a potentially lengthy litigation process before you can resolve your dispute. Our team at Lopez Law Group aims to resolve every dispute as efficiently yet effectively as possible.

The first step to the litigation process is to contact a St. Petersburg residential real estate attorney to review the facts of your case. Your attorney will gather and analyze the facts. We will also review the legal contract governing the transaction to determine whether you have possible grounds to file a lawsuit. If you are the party facing a potential lawsuit, your real estate lawyer will evaluate your potential liability and advise you of the strengths and weaknesses of your case.

Once your attorney has gathered evidence that may support your case, we will work on drafting the lawsuit complaint. After completing the drafting, we will file it with the court and serve it on the other party, thus beginning the legal process.

Real estate litigation often leads to counterclaims. Both parties may have issues, claiming that the other party failed to deliver under the terms of the contract. The original plaintiff may also go on offense by filing a counterclaim against you in response to your suit. You can also find yourself as the defendant, even when you were the original plaintiff in the case.

After the plaintiff files the complaint, the defendant will get thirty days to file their answer. This document will state the defendant’s version of the facts, explicitly addressing the plaintiff’s allegations.

They may plead affirmative defenses in response that can include:

• Statute of Limitations: The plaintiff filed the lawsuit after the time limitation elapsed, and they no longer have the right to their day in court.
• Laches: The plaintiff delayed seeking their remedy, which prejudiced the defendant.
• Fraud: The plaintiff committed fraud in the transaction, and they will not have a legal right to seek compensation.
• Statute of frauds: The real estate contract was not on paper, as was required by law.
• Estoppel: The plaintiff excused the defendant from their obligations under the contract, and they are now retracting it.

In a lawsuit, the defendant may file a motion to dismiss with the court, which the judge must rule on before the case can proceed.

The Discovery Phase Is Crucial to the Litigation Process

Assuming the case survives any motion to dismiss, it will proceed to the discovery process. Discovery is the most intensive portion of any litigation. You may already have evidence to help you prove your case, but it may be a fraction of what you need to prevail in court.

The other party also has evidence that they must turn over to you as part of the litigation process. You have a legal right to this evidence provided that your request was not burdensome, is relevant, and the evidence is not privileged.

Discovery requests can include:

• Interrogatories
• Requests for admissions
• Requests for the production of documents
• Depositions

If you cannot settle your case, the lawsuit will head to trial before a judge or jury (depending on what the plaintiff requested with their complaint). The judge will allow each party a certain amount of time to present their case. After the trial, you will receive a ruling on whether the other party is liable for the damages they must pay.

How the Contract Decides Real Estate Transactional Litigation

Buying or selling real estate is just like any other type of transaction since the terms of the contract govern what happens. Once each party signs the agreement, the terms will strictly bind them. If they fail to follow through on what they have promised, they can get sued for breach of contract and potentially liable for damages.

To resolve any dispute, a judge will go first to the actual contract to see what it says, and if it contains clear language, that will end the inquiry. The judge will apply the exact language of the contract to the facts and circumstances of the situation to reach their decision.

In some cases, the contract’s vague or ambiguous language will force the judge to use principles of contract interpretation to decide what the document actually says. If these principles still do not lead to a clear answer, the judge may allow the parties to introduce extrinsic evidence into the case to help determine what the contract means.

Your reading of the contract may differ from where the judge ultimately lands. Therefore, your real estate lawyer may advise you to manage your own risk by settling the dispute before you take a chance at trial.

At Lopez Law Group, our real estate litigation lawyers assess all various options in each case  and ensure our clients can  make informed decisions on how to proceed.

Remedies in Real Estate Transaction Litigation

Before your real estate attorney files a lawsuit on your behalf, you must determine what you seek as a remedy. In most cases, you will ask to get compensation for the losses that you suffered. Your damages can include any diminution in property value and other consequential damages. In rare cases, you may even receive punitive damages for the other party’s egregious fault (such as if they committed fraud).

Equitable remedies, where the judge orders a party to take a specific action, are rare in litigation but may be more common in real estate litigation.

For example, suppose you have a contract to purchase a home, and the other party refuses to go through with the transaction. In that case, the judge can order specific performance that directs them to deliver the property to you as promised.

Rescission is another type of remedy that you may seek. If the seller failed to disclose defects, or if they otherwise committed fraud, you may even get out of the transaction altogether after its completion. More often, the judge can order monetary damages. Still, rescission is possible for significant wrongdoing or when money does not fairly compensate you for the harm you have suffered.

Although a judge may not award injunctive relief as their first go-to option, your attorney can seek both injunctive relief and damages when it is necessary to put you in the same position as if the misconduct never occurred in the first place.

Alternative Dispute Resolution for Transactional Real Estate Litigation

In many cases, the most successful outcome of real estate litigation is when you do not have to litigate. You may resolve any real estate dispute before you end up in a courtroom at trial,  and our real estate litigation attorneys will review all these resolution methods with you.

In fact, most controversies resolve without the need for a trial. Only a handful of disputes will go all the way to a hearing, as both parties have incentives to avoid a trial.

Our commercial real estate lawyers have extensive experience in negotiations and dispute resolution. We understand that litigation can be time-consuming, costly, and emotionally draining. As a result, we will work to find alternative solutions to resolve disputes whenever possible.

We can engage in effective discussions with the other party, exploring options for settlement or compromise that align with your objectives.

You will likely discuss a settlement with the other party at various points during the dispute process. You may even try to resolve the matter informally before either party files a lawsuit in court.

Your real estate attorney can negotiate with the other party’s lawyer to reach a settlement before matters proceed to litigation. In fact, this is the best possible outcome in any real estate dispute.

You can also mediate with the other party at any point in the dispute process. Before filing a lawsuit, you can agree to sit down with a third-party neutral who can help facilitate discussions that may break any impasse.

Mediation has a high success rate, provided that both parties come to the proceedings to compromise and may give some ground to the other. A court may even order the parties to mediate as part of the legal process before the case goes to trial.

Alternatively, you can use arbitration to resolve the dispute more quickly and less expensively. The arbitrator is a third-party neutral who can issue a binding decision in your case in a more streamlined litigation process. However, you may prefer going to court because you will have a more robust process, allowing you to gather additional evidence to prove your case.

Why You Need Our Commercial Real Estate Lawyers

High stakes are involved in any litigation situation, which may be even more true in real estate disputes. After all, the disagreement may involve your home or primary place of business.

Thus, never leave anything to chance. Hiring a real estate lawyer early in the dispute process can minimize risk and increase your chances of receiving financial compensation. If someone accuses you of wrongdoing yourself, our real estate lawyers from Lopez Law Group can defend you from lawsuits.

Having the right commercial real estate lawyer by your side is crucial. Our in-depth knowledge of the legal system, understanding of complex laws and regulations, and negotiation skills can help protect your rights and interests throughout litigation. By entrusting your case to our legal team, you can often increase your chances of a successful outcome.

Contact Lopez Law Group today by calling (727) 933-0015 today to discuss how we might benefit you.

Lopez Law Group

700 7th Ave N Suite A

St. Petersburg, FL 33701

Phone: (727) 933-0015