Maryland real estate law is complex. With everything from archaic legal concepts to modern zoning and leasing regulations, it can be challenging to understand the legal issues in a case and know where you stand. Because real estate issues affect where we live and work, real estate litigation lawyers in Maryland deal with numerous different types of disputes.
Disputes Involving Leased Property
Conflicts between landlords and tenants frequently prompt one party to take legal action, whether the issue involves commercial property or residential property. A lease gives the renter certain property rights, both through the contractual terms and under general legal principles. At the same time, the owner also retains specific rights in the property, and the law tries to balance the competing interests.
Some common rental disputes involve:
- Violations of lease terms
- Rent issues (lack of payment, late fees, increases, confusing terms)
- Property damage and security deposits
- Right to take possession
- Cancellation or renewal provisions
- Failure to disclose defects
- Failure to make repairs/upgrades
- Ejectment/eviction requirements
When a situation involves a management company working for the property owner, matters can become even more complex. However, an experienced real estate dispute lawyer who understands the applicable legal principles can often negotiate a resolution to settle a dispute without the expense and delay of litigation.
Disputes Involving the Purchase of Real Estate
Buying real property is a far more complex proceeding than just about any other type of purchase. Unlike most properties, where ownership transfers immediately, a real estate sale is not finalized until certain steps are taken to protect the rights of both the buyer and the seller. Any one of these steps can lead to a dispute.
For instance, a buyer might file a lawsuit claiming that the seller failed to disclose hidden damage. While there are some problems sellers are obligated to make known, in other situations, it is the buyer’s responsibility to conduct a due diligence investigation to determine if there’s a defect. A real estate dispute lawyer might be able to negotiate a settlement or pursue resolution through litigation.
Real estate purchase issues that can lead to conflict include problems with the title, such as liens on the property or defects in the chain of title. If joint owners of real estate can not agree to sell or buy out the other’s interest in the property, one of them may file a complaint instead of partitioning to force a sale instead of partitioning the property. A party may claim ownership of the property through adverse possession, or assert that a third party such as a real estate agent violated their legal duties in conjunction with a sale. The possibilities for disputes in connection with real estate sales are virtually limitless.
Disputes Involving the Use of Property
Disagreements about what an owner or tenant is allowed to do with a property also serve as fertile ground for real estate disputes. Owners may be accused of violating terms of a restrictive covenant, and they in turn often argue that the terms are unconscionable or otherwise unenforceable.
Easements, which grant the right to use property, are a frequent source of conflict. And real estate dispute lawyers are frequently called upon to resolve disagreements concerning zoning restrictions and allegations of violations.
If You’re Facing a Property Conflict, Find Out How a Maryland Real Estate Disputes Lawyer Could Help
Many real estate disputes can be settled through negotiations if you address the problem early enough. When a skilled real estate disputes attorney explains the legal rights of various parties, they can often reach an agreement that allows for satisfaction on both sides.
Whether you need help to succeed in real estate litigation or want to resolve a problem out of court, a knowledgeable real estate dispute lawyer from the Law Office of Ralph W. Powers, Jr. P.C., will strive to achieve your goals with minimal delays and expense. Contact our office now to learn more.