Who can you call as a buyer or seller when things go wrong in a real estate transaction, after the fact? In today’s post, Vancouver real estate litigation lawyer, Arsen Krekovic, lists those professionals both buyers and sellers can call on for help. Included are the instances when that call should go to a litigation lawyer experienced in finding resolutions or if need be, initiating court action.
First, the experts a home buyer or real estate property seller is likely to encounter during their transaction. They are the options for who can help address post-transaction issues:
- Real estate lawyer : This is the lawyer who gives guidance and legal advice pertaining to the sale or purchase transaction and ensures the documentation and due diligence is in place.
- Real estate agents/brokers : Real estate agents or brokers who were involved in the transaction can provide guidance and support after the sale. They may have resources, knowledge, or contacts to help resolve issues, negotiate with the other party, or explore possible solutions.
- Home inspectors : If post-transaction issues involve undisclosed defects, structural problems, or environmental concerns, a professional home inspector can assess the situation and provide expert opinions or reports that can be used to support your case or negotiate with the other party.
- Mediators/arbitrators : These professionals aim to reach a mutually acceptable resolution through mediation or arbitration processes. Buyers and sellers engage a neutral third party such as this to help facilitate negotiations, find common ground, and potentially resolve the issues without resorting to formal litigation.
- Insurance Providers : Depending on the nature of the issue, your insurance provider may be able to offer guidance or coverage if the problem falls within the scope of your policy. This could include title insurance, homeowner’s insurance, or warranties on appliances or systems.
Real estate litigation lawyers should be consulted in these specific situations
What to do when disputes escalate to the point where legal action is necessary or when negotiations have failed to resolve the issues? Buyers or sellers should connect with a litigation lawyer who specializes in representing clients in court and handling disputes through the legal process.
They can help protect your rights and navigate the legal complexities involved in matters that may be resolved through their negotiation expertise or that require formal litigation. Specific instances include:
- Failed negotiations: If attempts at negotiation, mediation, or arbitration do not lead to a satisfactory resolution, a litigation lawyer can help prepare and file a lawsuit on behalf of the client.
- Breach of contract: If one party fails to fulfill contractual obligations, whether it is the buyer or the seller, a litigation lawyer can assist in pursuing a legal remedy for breach of contract, seeking specific performance, or pursuing monetary damages.
- Fraud or misrepresentation: If a party believes they were deceived or misled during the transaction, resulting in financial harm, the litigation lawyer can help explore potential claims of fraud, misrepresentation, or non-disclosure against the opposing party.
- Title disputes: In cases where title issues arise post-transaction, such as conflicting ownership claims or liens not addressed during the sale, they can assist in clarifying ownership rights and resolving title-related disputes.
- Property defects: If significant defects or issues are discovered after the sale that were not disclosed, a real estate litigation specialist can help clients pursue legal remedies, such as seeking compensation for damages or rescission of the contract.
When all other means of resolution have been exhausted or when immediate legal action is required, call in a real estate litigation lawyer. Naturally, you can consult at any time you feel concerned, not just for guidance after the facts. You can expect such a lawyer to give you advice on the viability of legal claims, navigate the court system, and advocate for your interests throughout the litigation process.
Expert legal advice from Real Estate Litigation Lawyer in Vancouver
Engaging an expert legal adviser can be a significant step for most people. It involves time, expense, and potential uncertainty. A reputable and experienced legal professional can assess your situation and provide guidance on whether litigation is the most appropriate course of action in your specific circumstances.