Your home and your real property are important to you, and you want to protect them and yourself from the wrongdoing of others. Real estate law is one of the more complicated areas of the law and requires knowledge of contract, tort, property, and tax laws. Real estate issues affect everyone from the homeowner to the business owner and can involve significant sums of money.
Whatever real estate issue you may face, having an experienced Arizona real estate attorney at your side can help you avoid problems before they begin, or fix problems that already exist. Michael D. Miller has the years of experience needed to help you solve your real estate problems.
Types of Real Estate Disputes
There is a wide range of issues that can arise from real estate transactions and disputes. Going into them with the help of a knowledgeable attorney will protect your rights.
Boundary Line Disputes
It is not always easy to know exactly where one person's property line ends and where another person's begins. Analyzing the property descriptions can be complicated, and land surveys can be incorrect. When boundary lines are not clear, it is difficult to sell the property and there may be disputes about what can be done with the land.
Breach of Purchase Contract
A contract is meant to be a binding legal document that both parties must follow. When someone breaks the terms of the contract, you are entitled to enforce a valid contract through monetary damages or through enforcing the terms of the real estate purchase.
Failure to Close on Purchase Contract
If the seller fails to sign all of the necessary documentation to finish the sale of the property, the buyer can sue for money damages or sue for specific performance of the contract. Specific performance requires the buyer to show that he or she is ready, willing, and able to complete the purchase of the property. This can motivate the seller to finish the transfer of the property or create a favorable settlement.
There is nothing like being able to design your home from scratch and have it built to your specifications. However, when things go wrong that dream can turn into a nightmare. Constructions companies are required to complete all work in a professional manner under Arizona law. If the company fails to do so, you and your attorney can report them to the Arizona Registrar of Contractors and file a lawsuit for monetary damages.
If a construction company breached the contract you signed, you can sue for completion of the contract as agreed upon or for money damages that would fully compensate you for the company's failure. These money damages can allow you to hire a company to finish or repair the defective work, as well as compensate you for other losses you may have incurred because of the contractor's wrongdoing.
Escrow disputes arise over earnest money that is deposited by the potential buyer of real estate with an escrow company. Earnest money is intended to show that the buyer is serious about completing the purchase of the land. It does not bind the buyer to make the final purchase, necessarily, but it can be forfeited if the buyer backs out of the sale without proper reasons.
Who gets the escrow money will depend on the contract in most cases, so it is important to have an experienced attorney write or review all contracts before entering into them.
Insurance companies are paid to cover your home, but all too often they try to wiggle out of covering you when there is a loss. You can file a lawsuit to prove that you are entitled to financial compensation and enforce the terms of the coverage contract.
Real Estate Broker Commission Disputes
Real estate broker commissions are usually set by a contract, and that contract also sets forth the duties of the broker. The agent must show that he or she was the procuring cause of the real estate sale. In some cases, real estate brokers will attempt to claim a commission when their work was not the result of the sale.
Neighbor Disputes - Trespass
When a neighbor trespasses onto your land, or causes harm to your real estate, you can file a lawsuit to protect your rights and obtain financial compensation. In some cases, you may also be able to get an injunction, which is a court order that forbids the neighbor from continuing the conduct at issue.
Consult an Arizona Real Estate Attorney
If you are in a dispute over real estate, you do not have to face it alone. Michael D. Miller is a highly experienced real estate attorney that can represent you to protect your legal rights.
Contact the Law Offices of Michael D. Miller for a free consultation by phone at (520) 327-3801.