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Common causes of residential real estate litigation

On Behalf of | Jun 7, 2024 | Real Estate Law

Residential real estate litigation can disrupt smooth transactions and ownership. Understanding common causes helps homeowners and buyers navigate potential legal challenges effectively.

Disputes over property boundaries

Neighbors may disagree about where one property ends and another begins. These disagreements can arise from unclear property descriptions in deeds or incorrect assumptions about property lines. Resolving these disputes often involves surveys and legal actions.

Breach of contract issues

Litigation in real estate often involves breaches of contract. This can occur when one party fails to fulfill obligations under a purchase agreement or lease, such as not making repairs or not disclosing important information. Breach of contract claims can lead to lawsuits seeking damages.

Title defects

Title defects are a major source of litigation. Problems arise when there are liens or unpaid taxes on the property that were not disclosed before the sale. Buyers may file lawsuits to resolve these issues and ensure they receive a clear title.

Landlord-tenant disputes

Landlord-tenant conflicts can involve eviction proceedings, disputes over security deposits, and disagreements about lease terms. Tenants may sue landlords for failing to provide habitable living conditions, while landlords may sue tenants for unpaid rent or property damage.

Construction defects

Construction defects can lead to litigation between homeowners and builders or contractors. Defects might include structural issues or problems with electrical or plumbing systems. Homeowners may seek compensation for damages caused by poor workmanship.


By recognizing these common causes of residential real estate litigation, homeowners and buyers can better prepare and protect their interests.