Real estate is one of the most substantial investments most people make. With so much at stake, it is not surprising that disputes can arise. Whether you own land or buildings in Franklin, TN by yourself or with others, are in the process of buying or selling property, or are a landlord or tenant, one day you might find yourself in conflict with others.
A Franklin real estate litigation lawyer at The Cochran Firm – Nashville may be able to help. We offer advice and guidance in these situations. We can draft your documents, negotiate disputes, and file a lawsuit when appropriate. Call a member of our team today at (615) 651-7451 for a free initial consultation. There is no obligation.
Property that You Own by Yourself
You might wonder how a dispute can arise if you are the sole owner of real estate. Here are a few scenarios that could make you want to seek legal advice:
- Your mortgage holder did not pay the real property taxes from the escrow account.
- Your property taxes skyrocketed without a legitimate reason.
- Someone else claimed ownership of your land. This individual might try to extort money from you to avoid title issues.
- A subcontractor did work on your property and filed a lien, even though you paid him for the work.
These are but a few examples of sole owner real estate situations that can turn into litigation.
For a free legal consultation with a real estate litigation lawyer serving Franklin, call 615-678-6278
Property that You Own with Others
Each co-owner increases the likelihood that there will be conflict at some point. The family home is often one of the most valuable assets that gets distributed in a divorce. Let’s say that the spouse who has to leave the home does significant damage to the structure to spite the spouse who gets to keep the house. We can help you navigate this situation to hold the vandalizing party responsible.
Real estate investment partnerships can be fraught with disagreements. When new people buy into the business, you need to make sure that you have the correct documents to protect your financial interests. Existing partners might leave suddenly and demand their entire investment immediately. A partner might embezzle money or other assets from the group. The partnership could get sued by a disgruntled third party.
Franklin Real Estate Litigation Lawyer Near Me 615-678-6278
Unique Issues of Rental Property
Some people think that their lives will be simpler if they rent instead of buying property. In reality, landlords and tenants can face many different disputes, such as:
- One party allegedly breaches a term of the lease. For example, a tenant moves out in the middle of the night and leaves the landlord with vacant property.
- A tenant accuses the landlord of failing to maintain the premises in a habitable condition.
- A renter damages the property.
- A landlord withholds the security deposit of a tenant, even if the tenant complied with all the terms of the lease, gave proper notice, and left the premises spotlessly clean.
- A landlord refuses to rent property to a prospective tenant based on illegal discrimination, like race, religion, country of origin, sexual identity, or a disability, which is defined as a person with a physical or mental impairment under the Americans with Disabilities Act (ADA).
A Franklin real estate litigation lawyer at The Cochran Firm – Nashville wants to help you navigate these situations. Call to speak to a member of our team today at (615) 651-7451 for a free consultation.
The American Dream – Buying and Selling Real Estate
Much of the litigation in real estate revolves around the purchase and sale of a property. As a buyer, you might have to take legal action because:
- The seller refused to sell the property to you based on a protected class categorization like gender, age, disability, sexual orientation, religion, or race.
- The seller lied about material issues concerning the property.
- After the closing and the date for the seller to vacate the property, the seller refused to leave or turned over the building in a filthy or damaged state.
- The seller failed to disclose the required facts in the seller’s disclosure form.
- After the buyer and seller signed the contract, the seller tried to change the terms of the agreement.
- The seller did not comply with all the terms of the deal, such as providing a one-year homeowner’s warranty or leaving the window treatments in place.
- Even though you have a contract signed by both parties, the seller backs out of the agreement and tries to sell it to someone else.
- When performing the title search, the title insurance company failed to discover ownership issues that are deal-breakers for you.
The seller of real estate might encounter these problems that could necessitate legal action:
- The buyer walked away from the deal without cause and failed to appear at the closing.
- The seller discovered that there are liens on the property that are fraudulent or already paid.
- The real estate contract is vague or ambiguous. The seller interpreted some of the terms one way, and the buyer understood these terms to mean something else. If they cannot resolve their dispute, they might end up in court.
- The buyer failed to perform some of the conditions of the contract but demanded that you go forward with the sale.
- One of the real estate agents violated the regulations for real estate agents contained in the TN Department of Commerce & Insurance rules and laws, and that conduct caused you financial harm. For example, the agent absconded with your earnest money.
- The real estate agent failed to disclose that he was working for the buyer and the seller and did not get their consent in writing to this arrangement.
- One of the real estate agents was practicing without a license.
- The real estate agent willfully made misrepresentations, made false promises, or engaged in untruthful or misleading advertising about the property or the agent’s credentials.
If your situation is not listed here, do not worry. We could not possibly cover all of the possible disputes that involve real estate. A Franklin real estate litigation lawyer at The Cochran Firm – Nashville may be able to help sort out the problem and work toward a resolution. Call a member of our team today at (615) 651-7451 for a free consultation.