Purchasing or renting property is one of the major financial decisions you will make in your life. In many instances, thousands, if not hundreds of thousands of dollars are at stake. According to Statista, about 5.34 million residential real estate transactions took place in the United States during 2019 alone. Despite everyone’s best intentions, disputes can often arise during or after these transactions.
These disputes can take on many forms. These include arguments over the terms of a contract, whether or not a mortgagee is in default, or disruptions in the transfer of real property. In every one of these situations, it may be necessary to take a case to court to protect your property rights.
A Spring Hill real estate litigation lawyer may be able to help you during these difficult times. The legal team at The Cochran Firm – Nashville may be able to explain your rights under a contract and present legal arguments in court that aim to protect your legal rights. Call us today at (615) 651-7451 for your free consultation.
Common Examples of Real Estate Issues that May Lead to Litigation
Every purchase or transfer of real estate should include a written contract. As a result, it is no surprise that many real estate disputes center around the language in that contract and whether a party has failed to perform their duties.
At the most basic level, a dispute may arise over whether a party has transferred property as required in the contract. If a party fails to move out of a home on time, does not correctly disclose information as required prior to sale, or does not include every part of the home as required by the contract, this can lead to litigation.
People who already live in homes may also have reasons to go to court. A common example of this is foreclosures. There may be a genuine dispute as to whether you are up to date with your mortgage payments or if a bank has the right to take the home. A Spring Hill real estate litigation attorney may work to present your case in court in a way that protects your legal rights.
For a free legal consultation with a real estate litigation lawyer serving Spring Hill, call 615-678-6278
How Working with an Attorney Could Help to Protect Your Rights
Real estate disputes are by their nature very complex. It is an unusual situation for any change in ownership to not involve a written contract that a lawyer has written. Unfortunately, the language in these contracts can be difficult to understand. A first step that a team member at The Cochran Firm – Nashville may take is to explain your rights and obligations under an existing real estate contract. Whether this is a purchase/sale agreement, rental agreement, or a mortgage contract with your bank, we strive to help every person understand their current legal situation.
Finally, we may be able to help in preparing a case to take to court. This includes the discovery of vital evidence, as well as the presentation of that evidence to a judge or jury. In short, your Spring Hill real estate litigation lawyer wants to help explain and protect your rights every step of the way. Call (615) 651-7451 today for your free consultation with The Cochran Firm – Nashville.
Spring Hill Real Estate Litigation Lawyer Near Me 615-678-6278
Helping People to Meet Their Specific Goals in Real Estate Litigation
Many people assume that they can ask for anything in court that they feel is justified. However, courts can only grant awards that are based on a person’s specific damages. The extent of these awards will vary depending on the facts of your case.
A common example is a foreclosure case. Here, the bank or lender is attempting to take title over the real estate in a claim that typically alleges non-payment on a loan. A defense to these allegations may include proof that you made your payments on time or that the lender failed to follow proper foreclosure procedures under federal law. For instance, 12 CFR §1024.41 says that a loan holder must make specific attempts to allow you to correct the apparent delinquency in your account before filing a foreclosure request in court. In these cases, a potential remedy may be a dismissal of a foreclosure case, allowing you to remain in your home.
When real estate disputes concern a contract, the only possible remedy is your rights under that contract. For example, if a purchase agreement for a home stipulates that the seller will provide a home warranty for a period of one year after purchase, the court can only order the seller to provide that warranty. In most cases, it will not be possible to void the entire contract. It is only when a failure to perform in a contract is so severe as to disrupt the point of the contract entirely that a court may order a reversion on the sale.
Contact Us Today to Let Us Get to Work for You
Facing the prospect of real estate litigation can be a frightening and confusing experience. Whether you have already received notice of an intent to sue, are a defendant in an established court case, or feel that you need to act to protect your property rights, the legal team at The Cochran Firm – Nashville wants to help you.
A Spring Hill real estate litigation lawyer from our team may take the lead in protecting your legal rights. From defending your right to remain in your home during a foreclosure to standing up for your rights during a purchase/sale dispute or working with tenants in a landlord dispute, we want to help you. Call us today at (615) 651-7451 for your free consultation.