Last Updated on March 17, 2024 by Umer Malik
Winnipeg area real estate litigation lawyer has the experience and expertise needed to represent people, companies, and organizations in variety real estate-related lawsuits, assisting them with their legal rights and obligations, fighting for them in court, and winning them settlements and sometimes even compensation for injuries. Many of these attorneys also work as outside the office counsel for attorneys representing the people or organizations in the lawsuits. They are extremely knowledgeable about the laws that apply to their client and the local courts and are prepared to present their case in court and advise their clients about possible outcomes of the legal proceedings. The real estate litigation lawyer is experienced in all aspects of real estate law and have the knowledge and experience necessary to build an effective defense for their clients.
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Lawyers who work on their own
Real estate litigation matters are most commonly and successfully resolved when lawyers are employed by their clients or on their own. Lawyers who work on their own usually handle the negotiations for their clients and obtain an acceptable agreement for both parties. In some cases, they also help their clients draft contracts and agree on the terms of the purchase and sale of the property. They also guide on investing in commercial real estate or working with investors to facilitate deals and acquisitions.
Legally binding documents
When a real estate transaction is being processed, it often involves a series of legally binding documents that must be signed. One of these documents is a contract, which explains the details of the transaction and provides the agreement between the parties and any additional information not mentioned in the disclosure statement that accompanied the offer. The contract is often written with the assistance of an attorney. If there is a requirement for something referred to as a ‘no protest or ‘opinion’ clause, the attorney will draft the contract so that it legally protects the client from what is termed a ‘breach of fiduciary duty. The word breach is used because when a contract contains such a clause, it usually refers to when a certain party did something detrimental to the other party’s interest. Still, the other party failed to inform the first party that they were doing so.
Breaches of fiduciary
These breaches of fiduciary duty can result in a wide variety of real estate litigation cases. Some of the most common forms deal with breaches of trust, misrepresentation, fraudulent claims, and breaches of contract. Another form of legal dispute that may arise is that of breach of warranty. This occurs when a tangible or intangible product is sold without any express or implied warranty of either quality or origin. There are many warranties, but one that is especially common in commercial transactions is a warranty of quiet title.
Other legal disputes
Other legal disputes may come up during a real estate transaction, including boundary disputes. Land boundaries are defined in a variety of legal documents. In most cases, a boundary dispute will involve whether a property is offered to a buyer who plans to build on a particular land or whether that property is being given away in a boundary sale. When this is the case, it is often necessary for a lawyer to step in and mediate the dispute for both sides to agree.
Every lease has unique terms
Another type of real property law that may arise in a residential real estate transaction is a lease. Every lease has unique terms and conditions, so a leasing lawyer must be involved at all times in the signing of a lease. Some leases, called ‘affirmative’ or unconditional leases,’ may have a provision allowing the property owner to change the lease terms at any time. Other types of lease agreements may only allow the owner to change the property’s name and add a tenant at any point.
Errors and omissions
Another type of legal dispute that may occur during real estate transactions is those regarding errors and omissions. ERDs occur when one party makes an error in signing a document or in the process of buying or selling property. To prevent any legal disputes over errors and omissions, it is always best to clear up such mistakes before signing the document itself. An experienced attorney will have expertise in dealing with these kinds of real estate transactions. Such an attorney would know just what to ask to clear any misunderstandings about any document or agreement before it is signed. Such a lawyer should also have experience working with creditors and lenders to prevent any problems resulting from any legal disputes.
The above mentioned are just a few of the most common legal disputes in any real estate transaction, residential or commercial. One can always find an attorney to assist them in their real property transactions, whether residential or commercial. It is always important that everyone stay informed of their legal rights and obligations regarding such real property transactions. They always seek legal counsel whenever they feel that they need it.
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