Real Estate Litigation Attorney Serving Union City, New Jersey

Building your assets, property, and business through real estate is an important aspect of building your future. Dealing with real estate litigation can cause feelings of uncertainty and concern. After all, resolving real estate disputes is no laughing matter. There are often thousands, if not millions, of dollars at stake. Therefore, it is crucial to get the best legal counsel possible.  

Real estate litigation is a dispute involving property or contracts, specifically in real estate. These disputes may involve ownership, rights, or interests in real estate. Also, real estate litigation refers to commercial and residential property inside or outside court. 

Please note that not all real estate disputes go to court. Resolving real estate disputes may be possible outside of court. However, there are many instances in which a real estate dispute becomes a real estate lawsuit. At that point, the involved parties will need the support of the right legal counsel.

Common Causes of Real Estate Disputes 

There are various causes of real estate disputes. These can range from relatively minor matters to extremely serious issues, including fraud, contract obstructions, and contract issues. 

Breach of Contract 

A breach of contract is when one or multiple parties in a contract do not fulfill their contractual obligations. As a result, one or multiple involved parties sustain a loss. For instance, the landlord sustains a loss when a tenant does not pay their rent. The renter’s lack of payment is a breach of contract granting the landlord the right to demand the rent payment plus any applicable damages.  

Fraud 

Fraud consists of willfully providing untrue, inaccurate, or openly false information and documentation for personal or financial gain. For instance, New Jersey law considers fraudulent activities as when a party does not comply with legal reporting requirements during a transaction. This example highlights how failing to disclose or willfully fabricate information for financial gain is a type of fraud known as theft by deception. 

Zoning/Permit Issues 

Violation of local zoning or permit issues is a common cause of real estate litigation. Cities in New Jersey, such as Union City, Jersey City, Hoboken, Bayonne, and North Bergen, are examples of places with tight zoning and permit regulations. As a result, property owners may face litigation for zoning and permit violations when constructing, renovating, or adding to existing structures. Please note that regulations about flooding hazards have affected property owners leading to legal issues due to buildings and structures violating current flood safety guidelines. 

Property Defects 

Property defects are any characteristic in a building or structure that fails to meet current building code regulations. For example, unsafe electrical wiring may constitute property defects. Consequently, a property owner may face legal consequences from a periodic safety review by local city inspectors. 

Construction Issues 

Construction issues are a common real estate litigation manner. For instance, zoning violations such as constructing a commercial building in a residential area can lead to real estate litigation. For example, Union City, New Jersey’s Land Development Plan defines five zoning districts: residential, neighborhood commercial, multiple-use, public, and parks-air rights. Consequently, property owners must abide by the specific zoning regulations to avoid costly litigation issues.

Resolving Real Estate Disputes 

There are various ways in which resolving real estate disputes can take place. The most common ways include mediation, arbitration, and litigation. 

Mediation 

Mediation is a process in which an independent third party intervenes to help the interested parties resolve a dispute. Mediation can lead to out-of-court settlements avoiding costly and complicated litigation. Mediation does not require legal counsel, but seeking appropriate support is highly advisable. 

Arbitration 

Arbitration is the most common alternative to litigation. Like mediation, an independent third-party acts as a judge and hears all sides of the dispute. Then, the arbitrator issues an opinion as a solution to the dispute. Arbitration is legally binding when all parties sign a contract accepting the arbitrator’s decision to be legally binding. 

Litigation 

Litigation is a legal process that takes place in a court of law. In litigation, a judge oversees the proceedings and makes an official, binding ruling that all parties must abide by. Otherwise, the non-compliant parties may face legal consequences.  

Litigation processes can become costly and lengthy, particularly when one party chooses to appeal a decision. During an appeal, another court hears the case and rules to uphold the original court’s decision or override it.  

The right legal counsel is crucial to a favorable outcome in litigation. Moreover, finding an experienced real estate attorney provides peace of mind during litigation. Veteran litigators know what it takes to help their clients build a strong case. Please remember that a great real estate attorney may help avoid litigation by settling out of court.