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5 Common Reasons for Residential Real Estate Claims

Howry, Breen & Herman, LLP

Anyone in the residential real estate industry can admit that there is no such thing as a simple real estate contract. Even when someone wants to buy a new home, the sales contract can get rife with complications that might go unnoticed if the buyer is not careful. Or something as seemingly as simple as a rental agreement between a tenant and a landlord can be the source of contentions that escalate to the courtroom and residential real estate litigation.

To keep you informed about the complications that could happen, take a look at these 5 common reasons for residential real estate claims and conflicts:

  • Prior titleholder liens: Many new homeowners are shocked later to find out that undisclosed liens on the title have complicated who really has a say to ownership over their property. In some cases, mortgages are not fully released by the previous owner, causing ownership issues to come back to haunt the new owner sometimes years after living in the home.
  • Easements: Another residential real estate title problem can occur due to easements, which allow a piece of real estate to be used for a specific reason and sometimes against the property owner’s knowledge or wishes. For example, easements are often used to make stretches of road or driveway usable by the public despite being located within a homeowner’s property lines, which can create some headaches and legal conflicts later.
  • Misrepresentation: When buying a new piece of residential real estate, the purchaser has the right to know about any issues on that property. Everything from existing liens to cracks in the foundation should be disclosed. Residential real estate litigation could become necessary if a seller misrepresents the status of the property or intentionally uses false advertisements to make it seem more appealing to buyers.
  • Environmental hazards: Speaking of misleading information, environmental hazards on a piece of real estate property are also among the top causes of residential real estate claims and lawsuits. Not all environmental hazards are easily identified, which make them especially problematic to deal with. For example, it might call for legal action if your basement floods whenever it rains but the seller never mentioned anything of the sort because you bought the property during a summer drought.
  • Discrimination: Buyers can sometimes face discrimination when shopping for a home, ultimately warranting a lawsuit. Discrimination can be as blatant as refusing to let anyone of a certain race or nationality view the home, or as subtle as listing the home as one that is ideal for people of a specific religion due to its approximation to a place of worship. Since discrimination cases are inherently complex, it is highly advised that you retain the services of a real estate attorney right away if you suspect you are facing discrimination during a real estate transaction or any interaction with a residential landlord or tenant.

For help with any form of residential real estate litigation in Austin, Texas, choose Howry, Breen & Herman, LLP first. Our team can represent landlords, tenants, buyers, sellers, real estate firms, and more. Just dial (512) 430-4844 to connect with our team at your first opportunity. We look forward to hearing from you.

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