What is a Contract?
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What Is Real Estate Litigation?

Read on to learn of some frequent real estate litigation issues. 

What Are Some Common Real Estate Litigation Issues?

  • Mortgage disputes and defaults
  • Foreclosure issues
  • Implied warranties (such as whether the house is livable or not)
  • Disputes over penalty clauses in the contract

Foreclosure is often litigated and often a lawsuit is required to ascertain whether foreclosure is preventable or should proceed. 

What Is a Frivolous Real Estate Litigation Issue?

Real estate has a history of frivolous lawsuits. As a rule of thumb it is usually unproductive and may also be illegal, leading to penalties, even penalties of a criminal nature. If it is not likely to succeed in court and lacks evidence, it can be wisely considered as frivolous. To be successful, issues need to have sufficient legal worth and a good chance of success in court. Otherwise, it just equals a waste of resources and time.

Do I Need a Lawyer for Assistance with a Real Estate Litigation Issue?

The complexity of real estate claims and the associated legal issues are really best managed by a real estate lawyer with the proper qualifications and experience. It is a good idea to find the services of an attorney if you need to file a claim or assistance during litigation.

Source: https://www.legalmatch.com/law-library/article/real-estate-litigation-issues.html

Real Estate Expert Witness Services by Craig Cherney, Esc.

Craig Cherney is a trusted client advisor and a sought after real estate expert witness who is hired by the nation’s top Real Estate Litigation Attorneys to help resolve their litigated real property matters.  Craig has appeared as a testifying expert witness before judges and juries in California, Arizona, Nevada and other jurisdictions across the country. Craig Cherney, Esq. Expert Witness Real Estate480-399-2342.

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