How Real Estate Lawyers in Calgary Help Clients with Property Disputes and Litigation

Dealing with real estate can surely be extremely stressful, time-consuming, and expensive. Properties by themselves are already extremely expensive, and dealing with all legal fees, and meeting guideline requirements and deadlines will make it even more difficult to navigate.

When you combine all of those things to dispute resolution, conflicts, and litigation then it becomes a whole new level of stress. And that is when having experienced Calgary real estate lawyers with you will be your best line of defence to ensure your best interests are being accounted for and your rights are being protected to the best capabilities of those trained professionals.

But how exactly can they help? There are multiple situations in which conflicts may arise with real estate and dealing with property. From property disputes to tenant litigation and liability, there are multiple situations that may require the expertise of a real estate lawyer.

On the next following topics, let us look over a little of what and how those professionals can help.

When a Seller Does Not Disclose Known Problems

When buying a property, the seller is obligated to disclose any known problems with it. It is a common practice in order to build more trust between buyer and seller to have a document called Property Condition Disclosure Statement (PDS) that lays out relevant information to the person acquiring the property. Normally, the PDS gives information about problems related to anything that a common inspection will not be able to detect, such as any history of flooding or infestation. Those latent defects also include any information that may make the property a hazard or unliveable. Some of the most common problems are mould, leaks, and not having the proper documents for improvements done to the property.

As the buyer, you can request to have the PDS attached to the contract to make it official and a legally binding document. Similarly, you can request an Inspection Report on the property done by an expert so they can assess the situation of the property regarding structure, insulation, plumbing and more so you as the buyer can make a  more informed decision on whether you want to progress with the acquisition or not.

When the PDS is attached to the contract it becomes a powerful tool in case you need to sue the seller for damages, and that is when a good and seasoned real estate lawyer can support you the most. If the buyer notices a latent defect after the purchase of the property and does need to go to Court for it, they will need to prove to the judge that the seller knew about the defect on the property and purposely occulted it from the PDS and the buyer. A real estate lawyer with experience is able to better prepare a defence for you and prepare documents and call experts to protect your best interests.

Breaching of Contract

As mentioned previously, you can attach a PDS to the purchase contract. The purchase contract is a legally binding document that has terms and conditions that need to be met in order to be valid. Most commonly, the purchase contract is referred to as the Agreement of Purchase and Sale. Both parties have their own obligations to fulfil and a failure to do so may result in a breach of the contract and sometimes even in termination of it, making it void.

Since failure to comply with the terms stipulated may result in termination of the contract, it may also lead to litigation from either side depending on who failed to comply. The best remedy for this is to avoid it from happening altogether, by having the help of a real estate lawyer to understand the contract as a whole and what needs to be done and when is in your best interests.

Failure of Specific Performance

Similar to the breach of contract, a failure to comply with a specific performance is when one of the parties fails to comply with a condition of the contract that may cause the other party to feel harmed, the harmed party may commence a lawsuit against the other for damages.

In those situations, just the same as when dealing with a breach of contract, it is best to have a real estate lawyer with you to navigate the process and understand the nuances of the law. This expertise may even come in handy when trying to find a resolution that does not involve going to Court. Negotiations sometimes may be better than litigation to save time, stress, and money.

Disputes Related to Titles, Leases, and More

There may be situations where the problem is not situated in the purchase itself, but with its legality. Sometimes the problem may arise during the title search. A title search is when there is an examination of public records to make sure the seller has the right to sell the property. It is always important to conduct those searches, there are cases where the seller is trying to scam the buyer, or sometimes you may discover that to sell the property you may need authorization from another co-owner as well.

Leases are another important aspect to have in mind. Leases may have ambiguous terms and conditions that can start a dispute between the owner of the property and the person or people who are leasing it. Those disputes may even go to Court. This shows the importance of clear and concise language in contracts that leave no room for ambiguous meaning or doubt. To avoid this from happening, an experienced real estate lawyer is extremely advisable since they have experience in drafting contracts and dealing with a language that may cause problems due to the nuances of the law.

Real estate lawyers are extremely important professionals in making sure that you are protected regardless of where in the equation you are – be it a renter, a seller, or a buyer. A real estate lawyer is your best line of defence to ensure that all regulations are being followed and contracts are well made and being followed to avoid breaches. These professionals have experience in dealing with property and will protect your best interests and rights.

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