Alternatively, you may also want to consider hiring a local contract lawyer instead. An experienced real estate lawyer will be able to handle disputes that arise over construction issues, can assess your options for legal recourse, and can provide representation in court on the matter if necessary. Jose Rivera
Full Answer
Mediation. Typically, this is a retired judge or senior construction litigator who hears the respective positions of both parties in the general contractor dispute. Mediators help each party understand the other’s point of view and facilitate a settlement. Their opinions aren’t binding on either party. Binding arbitration.
Property disputes may involve some very specific legal issues and matters, and real property laws vary from state to state. You may wish to hire a lawyer if you need help resolving any property dispute.
Generally any attorney can, however one with familiar with property law would be most comfortable with the issues you describe. A lot of them advertise their skills as real estate attorneys.
A general litigation lawyer should suffice as along he/she is knowledgeable in Consumer Fraud's/Contract and treble damages. The previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers.
An attorney versed in contract, real property, and quite possibly litigation will be the type of attorney you need to resolve this particular issue. A thorough analysis of the pros and cons of your situation (i.e.
Generally any attorney can, however one with familiar with property law would be most comfortable with the issues you describe. A lot of them advertise their skills as real estate attorneys. I would start there if I were you. Best of luck...
Fraudulent bill padding, such as when a contractor agrees to complete a job for one amount, yet starts tacking on dubious fees. While contracts can and often do change, any suspicious additions should be scrutinized closely.
Defective work is any work that puts the home, the project, the homeowner, or the people who enjoy the results at risk in some way. This may lower the home’s overall value, put the client’s life at risk, or even create an environment that encourages dangerous accidents and/or structural failures.
It is never wise to make assumptions about your case, or your chances of success, without at least consulting a lawyer. Contract law contains plenty of confusing “grey areas” and loopholes. The exact interpretation or presentation of the facts associated with your case could significantly change the outcome.
These commonalities are mostly a result of the fact that there are only so many ways to violate a contract. Other transgressions, such as stealing an item from a client’s home, might be a chargeable offense as well as grounds for a civil suit. Still, others may constitute a crime, but not necessarily justify a lawsuit.
Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);
Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.
Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.
A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...
Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.
An injunction, sometimes referred to as a “cease and desist” order, is a judicial order that requires a person to do or stop doing a specific action. In some cases, the court may use a judicial sale of the property to remedy the situation.
It can be important to keep in mind that cities and municipalities can be part of a property dispute. Cities have the ability to own property, and often have agencies that regulate property or issue building permits (such as a city or town planning department).
If you can’t agree on mediation or arbitration, try small claims court, which differs from traditional civil court: They’re limited to small amounts, with upper limits usually in the $3,000-$5,000 range. They assume you won’t be using an attorney and tend to provide user-friendly instructions on procedures.
Contact the clerk of the court to obtain and file the necessary paperwork -- most courts make the information available online. Filing costs average around $50, and you may incur additional fees for collection if your contractor loses and still doesn’t pay. You’ll need solid documentation to show you were harmed.
When you have a property dispute, it can create tension, which may lead to other issues. It is important that if you end up in this situation that you find a way to resolve the matter in a legal manner. Find out what you can do if you have a property dispute. Discover the legal remedies and actions that can help you clear up a misunderstanding ...
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums and ponds. Property disputes can involve a wide range of parties, which might include some of the following: Neighbors. Homeowners’ association.
If you can’t reach a settlement, then the court will make a final decision based on the evidence you both submit. The court’s decision is legally binding. You may not agree with it or it may not be exactly what you were hoping for. That is why it is always in your best interest to reach a settlement.
The court will consider both sides, look closely at the evidence presented and determine who owns the property in question. You can still work out of court to try to reach a settlement because there will be an increasing amount of costs that come with moving through the court process.
Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits. If your lease or rental agreement includes this clause, you might be entitled to get reimbursed for your reasonable attorneys' fees and court costs if you win a lawsuit against your landlord.
If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.
If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.
If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.
Hiring a lawyer doesn't have to break the bank. Depending on your needs, your budget, and your confidence in your ability to handle a matter on your own, you might find a lawyer who will agree to meet with you for an hour here and there as a coach.
Lawyers are expensive, but there are times when hiring one might be necessary to protect your rights as a renter. By Janet Portman, Attorney. Many issues tenants face are minor and can be easily resolved by common sense and checking reputable resources on landlord-tenant law, such as a local tenants' rights group.
Since the landlord pays the lawyer's bill if you win, a lawyer needn't worry as much about getting paid by you.
In the event that a contract for home improvement is violated or breached, a non-breaching party will typically be able to recover a monetary damages award based on any economic losses suffered as a result of the breaching party’s actions. In most cases, a home improvement contract lawsuit will arise when the construction company hired to do ...
For example, a home improvement company may be liable for fraud if they misrepresent their credentials, licensing, or experience, which then causes damage to the person hiring them. When this happens, state and local laws will dictate what can be done about the fraudulent party.
If you have been cited, fined, want to sue your homeowners' association or your homeowners' association has filed a lawsuit against you, then you should contact a HOA attorney. While it is unpleasant to be in a dispute with your association, it is quite common. The attorney is knowledgeable about HOA dispute matters and state laws.
Your attorney can also keep you informed of changes in the laws and give you advice on how to handle matters as they come up. HOA's have responsibilities to maintain the common areas of your community and make repairs, but they don't have the rights to infringe on your freedom and personal life.
Hire an Attorney. If you are involved in a dispute with your HOA, you should hire an HOA attorney to assist you. HOA matters can become heated and emotional, so it is best to have an experienced attorney handle the negotiations and resolve the dispute for you.
Although some homeowners associations have been known to file a lawsuit without giving notice to the homeowner accused of violations.