Morehead City, NC Real Estate Attorneys
Offering Solutions for Complex Issues
While any legal matter can be complex for everyday individuals to sort through and understand, real estate law can involve high stakes transactions, debt, and mountains of paperwork that you don’t want to mess up.
That’s why the real estate attorneys in Morehead City, NC are available to aid clients who need legal representation in their unique real estate-related issues. Davis, Murrelle & Lyles, P.A. is comprised of experienced trial lawyers who understand how ownership and financing structures function and how we can help clients secure a deal that works in their favor.
With more than five decades of combined experience, we take a business-minded approach to real estate cases and transactions so we can achieve our clients’ goals. We can be at your side to help you reach a resolution, whether you’re a buyer, seller, or a tenant locked in a dispute.
Give our compassionate NC real estate team a call at (252) 512-5909 or contact us online to schedule a consultation. In your consultation, we will listen to your concerns and offer you solutions that meet your needs and goals.
What Is Real Estate Litigation?
Real estate litigation is often accessed by real estate and brokers, buyers and sellers, and landlords and tenants locked in disputes as a way to assert legal rights and/or redress experienced wrongs.
Disputes over contracts and property can occur in virtually any industry and can occur even with the most detailed and carefully executed transactions and agreements.
Disputes typically deal with residential or commercial property and arise when the actions of one party threaten another party’s title to the property or impact the value of a piece of property. Real estate disputes are fairly common; in fact, Forbes has reported that 36-53% of small businesses are involved in some form of litigation at any given time. In general, as much as 90% of all businesses participate in a legal dispute.
What Are Common Causes of Real Estate Litigation?
There are numerous different scenarios that can result in a need for real estate litigation, though there are a few common circumstances that lock countless owners, sellers, and more into legal disputes that require intervention and representation.
Common causes of real estate litigation include:
- Breach of contract: Real estate contracts may contain information that relates to assets that are included, closing dates, titles clearances, and more. A breach of contract implies that one party has failed to fulfill the contractual obligations outlined in the agreement. If the individual filing a claim is successful, they may be entitled to receive compensation that covers losses they’ve accrued as a result of the breach.
- Negligence or breach of duty: Real estate realtors and agents are legally obligated to put the best interests of their clients first, and to not act in the interest of an involved salesperson or third party. They must also keep sensitive information regarding their clients confidential and disclose any helpful information to their clients. If agents are found to be negligent in their services, this can result in serious losses for their clients and can warrant a lawsuit.
- Failure to disclose property defects: Many legal issues arise when property owners who’ve just purchased property discover a defect that was undisclosed by the seller. Sellers are obligated by law to disclose any information regarding defects or existing issues to buyers, as this information may affect whether the buyer decides to close on the property. For the lawsuit to be successful, the plaintiff must prove the defect was known to the defendant and was concealed on purpose.
Other common real estate issues include:
- Zoning disputes
- Encroachments and easements
- Land use disputes
- Mortgage disputes or default
- Condominium issues
What Should Be Included in a Real Estate Contract?
A real estate attorney will be instrumental in the forming of your real estate contract. You may be wondering what should be included in this contract.
Your real estate contract should include a handful of specific touchpoints, including:
- The closing date
- The sale of the existing property
- The home inspection
- Financial terms
- Seller assist
- The person responsible to pay closing costs
- Appliances and fixtures
- The bottom line
Get in touch with our real estate attorneys in Morehead City, NC to get started on your case at (252) 512-5909. Our team puts the best interests and legal goals of our clients first and can secure your desired outcome.
If you are interested in buying land, leasing a commercial space, buying into a co-op or condominium association, or more, you will most likely enter into a real estate transaction involving contracts and agreements. While many transactions can proceed smoothly without conflict, the reality is that agreements concerning property are high stakes and you don’t want there to be an opportunity for things to go wrong.
Individuals and entities who commonly seek legal representation in their disputes and legal matters include:
- Condo associations
Any individual entering a contract should consider hiring a real estate attorney to help them understand their situation, even before things have become dire. Our legal professionals are familiar with laws and practices in our state and can help you ensure you’re not being taken advantage of.
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