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Real Estate LawSeptember 15, 20210 comments

The Most Common Real Estate Disputes Today

Real estate is a complex area. For owners, purchasing a property normally involves a considerable effort. That’s why the purchase or sale of a property requires taking a series of precautions in order to have the legal security you need. 

At MUNGER DENKER RUIZ BARBOUR, our attorneys are well-versed in real estate law throughout Arizona and today we provide you with these common real estate disputes in the US.

Breach of Contract

A breach of contract is one of the most common reasons for going to court in the real estate business. In a breach of contract, the injured party must demonstrate that it has fulfilled its obligations while the other party has failed to do so. If successful, the injured party is entitled to damages for any losses it may have suffered because of the breach of contract. 

To avoid breaching any term of a contract, it is advisable to have experienced real estate lawyers review your contract and provide you a clear explanation of any of its clauses. 

Negligence or Breach of Duty

Real estate agents must perform their services to the best of their knowledge. Showing negligence can result in losses for clients and it may justify a lawsuit. 

In fact, these types of cases are easy to avoid just by following the established list of violations that constitute a breach of duty on the part of a broker or brokerage firm. In any case, a real estate attorney can help you handle and understand a potential breach of duty.

Failure to Disclose

In real estate, the seller is obligated by law to disclose any defects that are not obvious to the buyer because they may affect the value of the property. 

If a buyer discovers a previously undisclosed defect after closing the deal, he or she may start legal action against the seller for failure to disclose the defect. However, for such a claim to succeed, the buyer must demonstrate that the defect was previously known.

Problems with Zoning

Zoning issues should be researched before signing a purchase contract. The buyer should verify that the intended use of the property is allowed by local zoning regulations. 

This is especially important when a potential buyer wants to build on a vacant lot, or if the buyer is looking for a commercial property because the zoning regulations may forbid some activities.

The most common real estate disputes are completely avoidable today. With the help of seasoned real estate lawyers, you can be sure your contracts and transactions are safe. If you’re looking for real estate law service in Tucson, Phoenix, or throughout Arizona we are ready to help you.