A lawsuit can be filed for almost anything, under any set of circumstances. Learn more here about what kind of lawsuits are out there, when you should file, if its worth it and when legal action is necessary.
New Home Development Not What Was Promised
A homeowner, and many of his neighbors, feel the developer delivered a vastly different neighborhood than what was promised. Some states require developers to disclose their development plans in advance of having a buyer sign a contract for the purchase of a home. Some states also have consumer fraud statutes that may apply to your case. The homeowners should consult a real estate attorney to determine if they have cause to bring a case against the builder.
Create LLC For Rental Property
When you buy rental or investment property you want to protect yourself from lawsuits. If you set up a limited liability corporation (LLC) for each of your properties will that protect your assets from lawsuits? Not necessarily. Learn how a lawyer might still be able to successfully sue you as a landlord even if you have set up LLCs to hold your rental properties.
Real Estate Lawsuit Concerns New Construction
What happens if your new home gets built on the wrong lot? You may be involved in a lawsuit with the builder, mortgage lender, title company and real estate agent. To sort out who's responsible for what and to ensure that you get clear title to your new home, make sure to hire a good real estate attorney.
How To File Complaint Against Real Estate Agent
A buyer is out a large sum of money due to fraud committed by a real estate agent. A complaint can be filed against the agent, but an attorney should really be used to go after this agent. It's though to know how to proceed against the agent without the help of a competent litigator.
Protect Your Real Estate Investment From Adverse Possession
What should you do when a neighbor encroaches on your land, especially if it is an investment property? Learn from a trial lawyer what he advises for cases of adverse possession. Understanding how to handle adverse possession will help you protect your real estate investment.
Condo Board Disallows Rentals
A reader owns and rents out a townhouse in Virginia. The board has proposed to completely disallow rentals, therefore disrupting her retirement income. Sam and Ilyce suggest looking for other successful litigation regarding changes in home assoication by-laws in Virginia.
Real Estate Advice For Changing Title After Making Mortgage Payments
Buying real estate with family can be tricky. What can you do if you've made all the mortgage payments but you share the title with a family member? In trying to get a family member to change his mind about co-owning a home, it helps to view the situation from the other person's point of view. If the co-owner won't ultimately agree to be removed from the title to a home on whose mortgage he's made no payments, it may be necessary to file a lawsuit.
Increased Price In Newly Constructed Home
What happens when a newly built home costs more than originally agreed upon in a contract? Often, new construction homes are upgraded as they are built and these costs end up in the final price. Having a clear building contract can avoid such problems after the home is built.
Home Sale Falls Through
A home seller had a sale fall through and weren't told until after the closing date, resulting in many problems. If the buyer didn't notify the seller under the terms of the contract, the buyer may be in default under the contract. The contract may allow the seller to sue for damages caused by the sale following through.
Dealing With Bad Homebuyer Behavior
Five years after the "as is" sale of her home, a seller is being asked by the buyer to pay for a new septic system. This bad buyer may sue the seller, but the suit won't likely win in court. In many states, the statute of limitations would have already expired and the buyer could not sue the seller for damages.