Navigating the complexities of a complicated real estate transaction can be difficult without assistance from legal representation. Fortunately, the attorneys at our firm are prepared to offer trusted guidance when completing such a transaction. Whether you are concerned with issues pertaining to acquisitions and dispositions, financing, leasing, construction, or management, our team can help ensure that your interests are preserved.
Additionally, we can help resolve a wide array of real estate issues like contract disputes, title disputes, property tax appeals, and landlord-tenant disputes. The process of resolving these disputes can be highly stressful and frustrating. By seeking guidance from our legal team, you may more easily identify the proper course of action in your specific case.
If you require help completing a real estate transaction or resolving a real estate dispute in Germantown, MD, get help from our experienced real estate transaction and disputes lawyers by calling the Heyman Law Firm today at (410) 305-9287.
How to Resolve a Real Estate Dispute in Germantown, MD
There are multiple remedies that may be utilized to resolve a real estate dispute. The path to resolution in your case can differ depending on the type of dispute you are facing and the specific circumstances of your case. Fortunately, our experienced real estate transaction and dispute attorneys can determine if any of the following remedies may be available to you:
Mediation
Mediation is an alternative dispute resolution method that aims to resolve conflicts without going to court. During a mediation, an unbiased individual will typically act as a middle-man that serves to facilitate communication between parties and help find an agreeable solution to their issue.
During a mediation, it is important to have competent legal representation by your side. For example, in a boundary dispute between neighboring property owners, our legal team can help bring parties together, present evidence, and reach a satisfactory agreement on a revised property line.
Specific Performance
Specific performance is a remedy sought when a party fails to live up to their contractual obligations. As an example, in real estate, this remedy may be applicable in cases where a seller refuses to transfer a property title to the buyer despite receiving the purchase price. In that case, the buyer could file a lawsuit seeking specific performance, asking the court to order the seller to complete the transaction as originally agreed upon.
Rescission
Rescission is a remedy used to undo a contract, returning the parties to their pre-contract positions. This remedy is often sought after one party is enticed to enter into a contract through fraud, misrepresentation, or mistake. As an example, if a buyer discovers significant undisclosed property defects after buying the property, then they may pursue rescission to annul the contract and refund the purchase price.
Monetary Damages
Recovering monetary damages is a common type legal remedy in real estate disputes, especially in cases involving breach of contract or negligence. For instance, if a contractor fails to complete a construction project within the agreed timeframe, then the contractor may be liable for the costs of hiring another contractor to complete the work at issue.
Declaratory Relief
Declaratory relief is another type of remedy used to resolve real estate disputes. This is often sought by parties who are seeking to clarify property ownership rights or resolve zoning issues. For example, if two parties have conflicting claims to the same piece of land, a declaratory judgment can establish the rightful owner.
Injunctions
Injunctions are court orders that require a party to do something or refrain from doing something. In real estate, injunctive relief may be sought to stop a party from engaging in harmful activities or to enforce property use restrictions. For instance, if a neighbor starts constructing a fence that encroaches on our client’s property, then our team may seek an injunction to halt the construction and protect our client’s rights.
Arbitration
Finally, arbitration is regularly used to settle various real estate disputes. This is another form of alternative dispute resolution, similar to mediation. However, in arbitration, an independent arbitrator is appointed to make a binding decision on the issue at hand.
Accordingly, this remedy is usually recommended when both parties agree to resolve their real estate conflict outside of court but want a third party to make the final decision. This process can be faster and more cost-effective than litigating issues in court.
Examples of Real Estate Transactions Our Lawyers Can Help Complete in Germantown, MD
There are several different types of real estate transactions that our attorneys can help with. For example, our team will offer guidance when seeking to complete any of the following:
Commercial Real Estate Transactions
Commercial real estate deals involve properties used for business purposes, such as office buildings, retail spaces, or industrial complexes. These transactions are often more complex than residential ones as the result of larger financial stakes, complex leasing arrangements, and compliance with zoning and land use regulations. For parties seeking to complete such a transaction, assistance from legal representation can be invaluable.
Real Estate Development Projects
Real estate development can involve various legal intricacies. For instance, parties seeking to complete these projects may encounter issues pertaining to land acquisition, zoning and permitting, environmental regulations, and construction contracts. Our team can help navigate complex legal requirements, negotiate development agreements, and manage potential risks to ensure successful completion of development projects.
Land Use and Zoning Changes
When property owners seek to change the permitted use or zoning designations for their land, they can face substantial obstacles. Thankfully, in such cases, our lawyers can represent parties before zoning boards and municipal authorities, advocate for land use changes, fight to obtain necessary permits, and address any opposition from other property owners.
Real Estate Financing and Loans
Finally, we can assist with securing real estate financing and loans. Securing financing for real estate acquisitions and development projects often involves the analysis of complicated loan agreements and mortgages. Our attorneys can review and negotiate financing terms, ensuring that our clients understand their obligations and that their rights are protected.
Call Our Real Estate Transaction and Disputes Lawyers for Help with Your Case in Germantown, MD
Get support from our experienced real estate transaction and disputes lawyers at the Heyman Law Firm today by dialing (410) 305-9287.