Seattle Real Estate Litigation Attorney Practice Areas

The attorneys of Sternberg, Thomson Okrent & Scher, are highly experienced attorneys in real estate litigation matters and have assisted countless individual and commercial clients in effectively resolving their real estate disputes. While many disputes can be resolved through skillful negotiation, other disputes require the court’s intervention.

When real estate disputes arise, litigation may be the most effective approach to resolving your case.

We have successfully negotiated and resolved various real estate disputes, including:

• Real estate purchase and sale disputes
• Title issues
• Secured creditor/debtor workouts
• Disclosure and property defect matters
• Commercial and residential lease disputes
• Real estate brokerage and commission disputes
• Escrow and earnest money disputes

 

The 3 Most Common Causes of Real Estate Litigation

Real estate litigation is a tool used by buyers and sellers, investors, lenders, real estate brokers, landlords, and tenants to pursue legal rights and redress perceived or experienced wrongs. In our experience, the three most common issues that lead to legal disputes in real estate law are as follows:

1. Breach of Contract

Breach of contract is one of the most common reasons people file a lawsuit in real estate. In a lawsuit that claims breach of contract, the wronged party – or the plaintiff – must prove that they have fulfilled their contractual obligations while the other party – called the defendant – has not. If successful, the plaintiff may be entitled to compensation for losses that they may have incurred due to the breach of contract. In a real estate transaction, the terms of the agreement may include specific details related to title issues, earnest money, closing date, financing, and real and personal property included in the transaction.

To avoid violating the provisions of a purchase and sale agreement, disclosure statement, promissory note, or deed of trust, it is usually advisable to have an experienced attorney review the documents to provide advice concerning the rights and obligations included in the documentation. Additionally, we are frequently consulted regarding earnest money deposits and refund issues related to terminating a purchase and sale agreement.

2. Failure to Disclose Property Defects

In most real estate sales in Washington, the seller is obligated to disclose issues with the property in a Seller Disclosure Statement (Form 17). If a buyer discovers a previously undisclosed material defect after the closing, they may initiate legal action against the seller claiming a failure to disclose. However, for such a lawsuit to be successful, the plaintiff must prove that the defect was known to the defendant – or reasonably should have been known to the seller before closing.

3. Landlord-Tenant Disputes

One of the most common areas of real estate disputes is landlord-tenant disputes. These disputes include payment of past due rent, damage to the rental property, and interpretation of the complex landlord-tenant laws of Seattle and Washington State.

Alternatives to taking a real estate dispute to court?

One of the most effective ways to resolve real estate disputes without engaging in expensive litigation is mediation. Mediation is a dispute resolution process designed to assist parties to a legal conflict in resolving or settling their dispute without a judge, jury, or arbitrator deciding the case for them.

In mediation, a neutral third party (the mediator) meets with the opposing sides to help them find a mutually satisfactory solution. Unlike a judge in a courtroom or an arbitrator conducting a binding arbitration, the mediator has no power to impose a solution. There are no formal rules of evidence or procedure control mediation; the settlement discussions are confidential and are not generally admissible in court. The parties have the option of a trial or arbitration if they choose not to settle the case.

In a Legal Dispute? Contact a Trusted Attorney

If you find yourself amid a legal dispute, you need a trusted attorney to ensure your rights are adequately represented and protected.

Our firm is committed to delivering client-focused representation in real estate litigation matters. We work to resolve real estate disputes that result in the most significant benefit to our clients.

Contact Us

Our Seattle Real Estate Law Group has assisted many commercial and individual clients in effectively resolving their real estate disputes in and around King County. Contact our Seattle law office today to schedule a consultation.