Common Real Estate Issues And How To Resolve Them

Whether you are buying or selling, real estate transactions can be drawn out and complicated. There are many legal and financial risks that both parties will have to navigate.

Whichever side of the fence you are on, being aware of these problems and how to navigate them will help the transaction run smoothly. Here are four of the most common real estate issues and tips on how to resolve them.

Title disputes

A property title is a legal document that lays out ownership of a property. There are many issues surrounding titles which may lead to a delay in your transaction, such as registration issues, restrictive covenants and easements.

The quickest and simplest way to deal with title disputes is to instruct a firm of real estate lawyers who can act on your behalf and contact the relevant bodies to resolve the issue.

Boundary issues

Property lines denote where exactly your land is and where it meets your neighbours’. When those lines are unclear, disputes can occur. A need for clarity can be down to a lack of description in the deed or an incorrectly placed fence.

As with most disputes, try talking to your neighbours amicably first – you do have to live next door if you are the buyer! You should also get a professional survey completed by a licensed surveyor. If this does not resolve the issue, you may need to create a legal boundary agreement. Make sure this is registered properly with the Land Registry to prevent future issues.

Breach of contract

In real estate terms, a breach of contract occurs when one party does not fulfil their obligations that are laid out in the relevant contract. This could present as the buyer being unable to secure financing by a deadline or the seller cancelling the sale without a valid reason.

A well-written contract by real estate lawyers should clearly lay out the result of contractual issues, including forfeiting money or the ability to sue for damages. It is always worth having lawyers working for you review any contracts rather than relying on those acting for the other party. Doing so could leave you vulnerable legally and financially.

Failure to disclose defects

Sellers are legally required to disclose any known defects of the property that could affect the value or safety. These could be issues such as mould in the bathroom or faulty wall tie issues. As a buyer, the importance of a thorough home inspection is clear. The report can be used to negotiate repairs to be done before completion or a reduction in price.

If these issues were not disclosed and found at a later date, a legal claim may be valid. Though this does essentially hinge on the seller having intentionally concealed or hidden the defects. A legal challenge may result in compensation if successful.