REAL ESTATE LAW

About Property Disputes

A property dispute is a legal dispute that involves real estate. As simple as that may sound, this is a complex area of law because “property dispute” is a catchall term that can apply to a wide range of disputes over an equally wide range of properties. These disputes often stem from disagreements over things like where property lines lie, who is at fault for property damage, responsibility for repairs to property, and even blocked views. They can be large or small in nature, with some minor disputes able to be resolved privately by the parties involved through open communication or mediation, while others require court litigation. Property disputes can involve anything from vacant lots to houses, apartments, condominiums, roads, driveways, ponds, or other types of real property. Property disputes are not limited to being between homeowners or landlords and tenants, either; just about anyone who has an interest in the real estate in question can become involved in a property dispute, including:

  • Homeowners
  • Neighbors
  • Landlords
  • Tenants
  • Homeowner Associations (HOAs)
  • Property visitors
  • Trespassers
  • Family members
  • Builders and developers
  • Government agencies and municipalities
It is important to remember that governing bodies can own property, too, so they can become a party in a property dispute.

Landlord/Tenant Expand

North Carolina law mandates that your landlord keep your housing fit and safe to live in. NC law also says the tenant must pay rent, keep the home clean, and not do any damage to the home. In order for the law to work, the tenant and the landlord must both do their part. These laws cover all types of housing: apartments, trailers, boarding houses, public housing, and houses.

Buyer/Seller Disputes Expand

One of the main disputes that arise between buyers and sellers is the failure to disclose material facts or defects that would have affected the buyer’s decision to purchase the property or would have affected the price the buyer would have paid.

Professional Negligence Expand

Real estate professionals are often balancing multiple listings, clients, contracts, open houses, and more at one time. Even with the best of intentions on the part of the real estate professional, mistakes can happen. If you believe your real estate agent acted carelessly, failed to take appropriate action, took the wrong action, or made an error in judgement, you may have a case for professional negligence.

Types of negligence claims include:

  • The real estate agent provided inaccurate or misleading information.
  • The agent was acting for the buyer and the seller at the same time.
  • The agent accidentally breached client privacy.
  • The agent should have known about defects found after a purchase.
  • The agent unintentionally omitted information or misrepresented facts.
  • The agent missed a deadline for opting out of a contract.
  • The agent did not pass on disclosures by the seller to the purchaser.

The court decides whether a defendant did or did not exercise sufficient care; if it is found that they should have known better, the court can award the plaintiff monetary damages.