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Attorney Ben Proto - The Musings of a Mad Lawyer

Wednesday, August 8, 2018

Five Common Buyer and Seller Real Estate Disputes

While many real estate transactions progress relatively smoothly, disputes occasionally arise between buyers and sellers. Fortunately, these disputes are often predictable, and an experienced Connecticut real estate attorney is typically able to assist in the resolution of such issues. Below is an overview of the most common buyer and seller real estate disputes in Connecticut.

  1. Repair Issues – Most real estate transactions require the seller to make repairs to the property before closing. Unfortunately, however, buyers sometimes discover after closing that such repairs were not performed as promised. In such situations, correspondence and documents exchanged between the contracting parties are often important in determining what kinds of legal remedies are available. For this reason, it is critical that parties involved in real estate disputes obtain the assistance of experienced legal counsel to review such documentation.

  2. Undisclosed Problems – Sellers are required to disclose all property problems prior to closing. However, sellers don’t always do this. In serious cases, such issues can result in the purchase of properties that are worth significantly less than their selling prices. In resolving such disputes, the information contained in closing documents and inspection reports can be critical. An experienced Connecticut real estate attorney will understand how to analyze such documents and present them to the court for the purpose of obtaining financial compensation.

  3. Deposit Issues – Deposit issues are a common source of real estate disputes. For example, when a real estate transaction falls apart, the parties often disagree as to who should keep the deposit. Such issues are typically determined either by Connecticut state law or the purchase agreement itself.

  4. Failure to Perform – Parties sometimes attempt to back out of their agreements after closing. However, if there are no valid legal reasons to allow a party to cancel a real estate agreement, then this is considered a breach of contract. When a party breaches a real estate contract, it is often necessary for the non-breaching party to file a lawsuit.

  5. Legal Issues – Finally, legal issues often arise over the course of a real estate transaction that can result in disputes between contracting parties. For example, issues involving things such as restrictive covenants and property boundary lines can complicate otherwise straightforward real estate transactions. It is for this reason that both buyers and sellers of real estate should always consult with experienced Connecticut legal counsel prior to closing.

Connecticut Real Estate Legal Representation

Real estate transactions, whether residential or commercial, can be complicated, and it’s important to ensure that no details are overlooked during the real estate closing process in Connecticut. At the Law Office of Benjamin S. Proto, Jr., our experienced Connecticut real estate professionals keep both buyers and sellers apprised of their rights and duties as they navigate the real estate closing process. Please contact us for a free consultation.

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