An Insight Into The Real Estate Lawsuit

By Author: kristenn
Total Articles: 5
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This article should help you understand what your real estate attorney is talking about when you discuss your real estate lawsuit. States like Miami have their own laws which apply specifically to real estate transactions and real estate lawsuits.

There require a number of possible legal causes of action in a real estate lawsuit. How do you know which causes of action are applicable to your real estate lawsuit and what these legal terms mean? The most common cause of action in a real estate lawsuit, in Miami, is a breach of contract.

Majorly, parties have to either sign a written or oral agreement governing their business dealing. In a breach of contract action the plaintiff is entitled to sue the party to damages. This is why it is the main cause of action in real estate lawsuits.

The second most probable cause of action in real estate litigation is specific performance. A lawsuit for specific performance can ask the jury to make the other party perform what it had promised to perform.

Specific performance is often used in real estate litigation since Miami law finds that real property ...
... is unique. Therefore a breach of contract to purchase real property can be specifically performed, meaning the court will order the sale or the purchase of the property rather than just awarding monetary damages. For instance, a buyer can through the power and order from the court compel the seller to go with his promise to sell the property and not to violate the contract.

The third most popular cause of action popular in real estate litigation is a lawsuit among co-owner of property- Partition. A partition lawsuit involves a simple process as to how the lawsuit will proceed and how the action will be resolved. This usually involves a determination of the ownership, an appraisal of the property, and an accounting of the income and expenses. In the end one of the co-owners usually buys out the other or the property is sold and the proceeds are distributed. Unless you are a real estate attorney, you may not know whether the fight you are having should be solved through a partition lawsuit or a breach of partnership contract lawsuit.

A breach of fiduciary duty is the next common cause of action in real estate disputes. For example one who has diverted the best real estate deals or tenants to himself or his other properties without disclosing it to his other beneficiaries could be liable for a breach of fiduciary duty.
Then there comes boundary disputes, where you have reasonably relied on the misrepresentation of your property owner. It is a lawsuit arising over misunderstandings over the boundary lines and where and who is entitled to use a certain piece of the land. Boundary disputes are usually settled by a quiet title. Whenever there is a dispute over property ownership, a quiet title is usually suitable.

Consulting with an attorney on a matter of commercial real estate or residential real estate can help you anticipate disputes and take steps to prevent them. If you have questions about real estate lawsuits, the best way to get answers is to talk with an experienced attorney.

Kristen John is a leading corporate attorney in Miami dealing with cases on corporate law attorney Miami, Real estate litigation Miami, loan modification law Miami, Real estate attorney Miami, condominium law and business law Miami. You can speak with real estate lawyer Miami, by calling at 954-668-2508.