It’s one thing to buy or sell property when everything goes smoothly, but it’s something else entirely when things start to go wrong. But it’s something else entirely when things start to go wrong. A deal falls apart last minute, a neighbor disputes your property line, or a contractor stops returning your calls halfway through a project. Suddenly, something that was supposed to be simple and rewarding has turned stressful, expensive, and personal. If this sounds familiar, the dedicated Buffalo real estate litigation lawyers here at Raimondo & Sundquist LLP stand ready to safeguard your interests. Contact us today.
Common Real Estate Disputes
Real estate disputes can appear out of nowhere, and once they do, they rarely resolve themselves. Some of the most common conflicts our real estate lawyers help clients address are as follows:
- Breach of contract: When one party fails to follow through with a signed purchase agreement, lease, or development contract, the other party may have to take legal action to enforce it or recover damages.
- Boundary and property line issues: Few things create tension like a disagreement over where one person’s land ends and another’s begins. Surveys, deeds, and old maps can come into play, and sometimes the matter must be decided in court.
- Title defects and ownership disputes: Problems such as liens, forged signatures, or recording errors can cloud a title. Quiet title actions help resolve who truly owns the property.
- Easement and right-of-way disagreements: Shared driveways, utility access, or other property rights often become flashpoints when one party interferes with another’s use of the land.
- Failure to disclose defects: Sellers must disclose known problems with a property. If they don’t, buyers may have grounds for a claim.
- Zoning and land use challenges: Developers and property owners often find themselves at odds with local zoning boards, requiring appeals or variance requests to move forward.
The Real Estate Litigation Process in New York State
A litigated real estate matter follows a series of steps. Every case is different, but many follow a similar pattern from start to finish, which is as follows:
- Case evaluation and consultation: During your consultation, we’ll review the facts, look at your contracts, examine title documents, and assess what went wrong. The goal is to determine whether litigation, mediation, or some other approach will best serve your interests.
- Filing a complaint or responding to one: If a lawsuit is necessary, the next step is filing a complaint in the proper court. That complaint outlines the facts and what relief you’re seeking. If you’ve been sued, you’ll need to respond quickly to avoid a default judgment.
- Discovery: This is where both sides exchange evidence. Documents, emails, depositions, and written questions (called interrogatories) all help build a clearer picture of what happened.
- Settlement negotiations or mediation: Most real estate cases never make it to trial. Instead, they’re resolved through negotiation or mediation, where both parties meet (sometimes with a neutral mediator) to find common ground.
- Trial if necessary: If the case can’t be resolved through settlement, it moves forward to trial. Each side presents its evidence, witnesses, and arguments before a judge (and occasionally a jury). The court then decides the outcome.
Contact Our Erie County Real Estate Litigation Lawyers
When a property dispute threatens your investment or your peace of mind, you don’t have to face it alone. Contact the dedicated Buffalo real estate litigation lawyers here at Raimondo & Sundquist LLP for your initial consultation today.
