When a Property Purchase May Involve a Real Estate Litigation Attorney

Although it is always a good idea to consult with a lawyer on any real estate deal, it is not always strictly necessary. In cases of simple residential property purchases, your real estate agent can handle many of the common legal issues related to the sale and the contract. Your prospective mortgage holder may also feel it has enough of a stake that it will perform some legal work--such as looking over the contract and investigating the title--with its own attorneys. For commercial property purchases, a lawyer is more often recommended, but is still not always required.

However, a real estate litigation attorney is necessary when a contract dispute arises about the terms of the purchase. Some common disputes arise as a result of:

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

In some cases, these violations of the terms of the purchase contract may be just a minor annoyance, but in other cases they can significantly impact your business. Unpaid property taxes and utilities can lead to significant penalties. Repairs or clean-up can not only cost thousands (even tens of thousands) of dollars, but can significantly delay your move-in date. And with your business packed up and ready to move, every day of delay is a day of expenses without revenue. Finally, if the property is not as specified, it's possible the whole deal should be canceled, with a return of all moneys paid plus penalties.

In these cases, a real estate litigation attorney can help you pursue the full range of remedies allowed in your contract. If you are involved in a dispute over a real estate sale in Dallas, Texas and need the help of a real estate litigation attorney, please contact Polewski & Associates today for a consultation.