When a Property Purchase May Involve a Real Estate Litigation Attorney

    DALLAS, TX, August 04, 2010 /24-7PressRelease/ -- For most of us, hiring a lawyer seems like a huge and unnecessary expense when it comes to buying a property. The transactions are fairly simple, the properties well-defined, and what major legal issues exist are handled for us by our real estate agents or the lenders that have a stake in the property. However, some property purchases are best handled by a real estate lawyer.

When You Should Consult a Real Estate Attorney on a Purchase

Consulting a real estate attorney before a purchase can help prevent problems and put you in a better position later should problems arise. It is especially important to consult a real estate attorney in complicated matters where:

- The contract contains terms or conditions you do not understand
- You feel the terms of the contract do not reflect previous agreements or statements of intent
- You feel terms are missing from the contract
- You feel terms of the contract are unfair or unenforceable
- The purchase involves conditions that must be fulfilled between purchase and possession
- The purchase involves a plurality of parties (owners, builders, developers, REITs)
- The property is not clearly defined in the contract or seems different from previously discussed

Consulting with a lawyer at this point can help you figure out what you are getting yourself into. A lawyer can also recommend procedures to clear up misunderstandings and revise the contract so that all parties' roles are clearly defined.

When You Need a Real Estate Litigation Attorney

A real estate litigation attorney becomes necessary when a contract dispute arises over the terms of the sale. The dispute could be over virtually anything in the contract, but some of the more common reasons for disputes include:

- Seller fails to perform specified repairs / improvements
- Seller fails to vacate by specified date
- Seller fails to leave property move-in ready (debris or large equipment left behind)
- Property not as seller specified
- Equipment or property included in contract missing
- Utilities or property tax not paid as specified in contract

In these cases, you may need a real estate lawyer to get the other party to comply with the terms of the contract.

Depending on the terms of the contract, you may end up pursuing litigation or you may use alternative dispute resolution like mediation or arbitration. In any case, a real estate lawyer should be considered necessary to help you get the best possible outcome.

To learn more about real estate disputes in Dallas, Texas, please visit the website of Polewski & Associates at www.polewskilaw.com.

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