Smooth Real Estate Transactions: A Lawyer’s Helping Hand
When you embark on the journey of buying or selling a home, your goal is a seamless process. However, there are times when unforeseen obstacles arise, requiring the expertise of an experienced Charlotte real estate litigation lawyer.
Termination Troubles: Contracts and Disputes
Before reaching the closing stage, it is not uncommon for disagreements to arise regarding the cancellation or termination of a contract. In North Carolina, the standard Offer to Purchase and Contract outlines the circumstances under which a buyer or seller can terminate the agreement. These standard contracts typically provide buyers with more flexibility for termination during the due diligence period, whereas sellers have fewer options. Buyers should work closely with their realtors and home inspectors to uncover any hidden defects. Contract disputes may still occur, involving determining who keeps the earnest money deposit, due diligence fee, and any other potential damages upon contract termination.
New Construction Nightmares: Diligence is Key
When purchasing a newly constructed home from a developer or builder, it is crucial to thoroughly review all documents before signing. If a sales agent makes promises about the property, adjoining lots, or planned use of natural areas or amenities, buyers should insist on having those commitments in writing. Our firm often provides counsel and litigates contract disputes involving developers or builders.
Unveiling Misrepresentations: Buyer Beware
Sellers are generally obligated to complete and sign a disclosure statement when listing their home. It is essential for sellers to exercise caution when filling out this document and consult with their listing agent to avoid any misrepresentations. The law holds sellers accountable for avoiding misrepresentations during the sale, while buyers are responsible for exercising due diligence and inspecting the property themselves. Our firm frequently handles disputes where sellers are accused of lying about their property. We assist in determining whether misrepresentations were made or if the buyer reasonably relied on the seller’s statement. These issues often surface after closing when buyers discover problems or defects that the seller allegedly knew about but failed to disclose. These defects can range from issues with water intrusion, leaks, plumbing, HVAC, mold or mildew, boundary disputes, fence encroachments, a developer’s planned use of natural areas, and even HOA assessments.
The Role of Real Estate Agents: Navigating Challenges
Real estate agents play a vital role in the purchase process, providing valuable guidance to both sellers and buyers. A competent agent can help prevent property disputes. However, their abilities are limited if a party involved is acting unreasonably. In some cases, buyers or sellers may feel that their real estate agent has not fulfilled their duties professionally. Our firm assists clients in navigating these complex situations and has experience representing realtors in defense against complaints filed with the North Carolina Real Estate Commission.
Trust Thurman, Wilson, Boutwell & Galvin P.A.
With extensive experience in real estate litigation in Charlotte and nearby cities, our firm is well-equipped to handle your unique situation. We approach each case from an informed perspective, offering a range of options for your particular dispute. For a consultation, reach out to our experienced Charlotte real estate litigation attorneys at (704) 377-4164 or fill out our online form. Let Garrity Traina be your trusted legal partner.