Residential Real Estate Litigation
Real Estate Litigation Lawyer
When property disputes arise they can affect the ability to move a project forward in a timely manner. As we all know, delays and have a serious financial affect. At Kirkpatrick Law, we have extensive experience litigating property lawsuits. If you need to litigate any real estate matter you need to attain an attorney that is experienced in the court room. Eric is that attorney. He can help you in the following types of residential litigation:
Breach of Contract Disputes
There are several types of Real Estate contract disputes. Some of the most common ones are:
Fraud occurs in a real estate transaction when the seller of the property either misrepresents the property or fails to disclose a defect before closing. Many of these conditions include previous flooding or water damage. Also electrical issues and other defects could be fraud issues. Eric Kirkpatrick has successfully represented both sellers and buyers in real estate fraud legal matters.
Breach of Contract
If your buyer or seller has backed out of your real estate contract in violation of your agreement, you need legal representation. You may be entitled to damages or in some instances the transaction may be forced to completion. Contact Kirkpatrick Law today to discuss your legal options.
Wrongful foreclosure is when a financial institution or lender forecloses on an individual and sells the home illegally. In essence, the bank uses methods which are outside the bounds of the State or Federal Law to take over ownership. For instance, if a person is in the process of foreclosure and a lender or institution accepts a partial payment from that individual, but continues with the foreclosure, it is a wrongful foreclosure. This happens all the time to individuals and many don’t realize that it is happening. They seem to think that lenders and institutions are above the law, but they’re not.
Deed Restriction Enforcement or Defense
In Houston and most other Texas cities, because there is no zoning, deed restrictions are the main method of controlling the use of private property. Unfortunately, there can be abuses by both the owner of the land burdened by the restriction and the owner of the land. If you need to enforce a deed restriction, it is important to act swiftly so that you do not forfeit your rights to enforcement due to the statute of limitations or waiver. If you need to enforce covenants or if you have been accused of violating deed restrictions, talk to a real estate litigation attorney.
When parties disagree about boundaries, major projects can suffer costly delays. These boundary disputes related to Title disputes. You may have a Trespass to title case. This is a case that involves a dispute to ownership. This involves the title and possession. A plaintiff must rely on the strength of their own title and not any weakness of a defendant’s title.
Another Boundary Dispute is called Suit to Quiet Title. In this suit, a plaintiff seeks to remove what appears to be a defect in their chain of title. This can take the form of an errant deed, improper lien, an adverse possession claim and more.
Trespassing occurs when a person or company entered your property without your authorization and caused damages. In this case you may be entitled to damages. If you believe that you have been the victim of a trespass, call us today to discuss your options. Also, if you have been accused of a civil trespass, call us to discuss the matter.
Eminent Domain or Condemnation
Under the constitutions of the United States and Texas, you are protected from your property being taken from you without due process and adequate compensation. If a government or other entity has contacted you regarding condemnation, you need to contact a real estate attorney . They can not take your property without just compensation. Kirkpatrick Law will help you get the financial compensation you are entitled too.
Lease Terminations or Evictions
If you or your company serve as a landlord and need to evict a defaulting tenant, call us now. We are experienced at handling eviction actions and can manage the process for you. When litigation is required to protect your property contact Houston’s Real Estate Attorney, Eric Kirkpatrick.