Buying a house is part of the American dream, an achievement that people work toward for years. After finding the right property, the buying process can sometimes turn that dream into a nightmare when there are conflicts between seller and buyer. To appease both sides and allow the sale of a home to be finalized, real estate attorneys in Bryan Texas are an essential part of the procedure. Enlisting the services of an experienced lawyer can make the difference between buyers actually realizing the dream of owning a home – or having to pass it by and continue the search.
Common Home-Buying Conflicts
Since most real estate transactions commonly handled by attorneys in Bryan TX are on pre-owned homes, disclosure by the seller is the most important recourse a buyer has to know the condition of the home being considered for purchase. Sellers are required by law to disclose any known problems with the building, grounds and even township or zoning issues that could affect both purchase and living conditions. Disclosure conflicts account for a large portion of the disagreements encountered when negotiating a real estate sales contract.
Other common issues during the buying and selling of residential properties are disagreements over appraisal value of the home as well as discrimination that may be business, social, race, or religion based. Sales due to a divorce present unique challenges, especially when each party to the divorce acts independently of the other and prevents any real progress of the sale. Document fraud relating to mortgages, titles, realty contracts, and property liens can also be encountered with the sale of a residence.
Real Estate Conflict Resolution
The whole purpose of a real estate contract is to avoid conflict between the buyer and seller. Such contracts are written to include any unclear areas and are usually documented before the sale with any and all conditions of the sale, known disclosures, and a penalty for sellers if something is has not been as stated within the contract.
Real estate contracts are carefully written by attorneys in Bryan and reviewed again when changes are made specifically for the purpose of conflict resolution. Honest, reasonable people working with reputable real estate agents should be able to let any statements within the contract dictate how conflict will be resolved. Issues typically occur when either party will not accept previously-decided agreements when issues require more significant intervention.
Legal Intervention in Conflict Resolution
When a disagreement cannot be resolved through what has been stated in a real estate conflict, buyers and sellers have two choices: walk away from the deal or pursue a legal remedy that may include the following:
Injunction – A court order for one party or another to either do or not do something regarding the real estate contract that is the source of the original disagreement.
Monetary Consideration – Payment to compensate the buyer for some action stated in the contract that is not being done or to cover any damages resulting from an unresolved conflict at the time of sale.
Court Sale – A court-ordered sale of the home or property where creditors or other parties interested in the sale of the property are first repaid from any sale proceeds.
The extra headache such disagreements can bring when buying a home can make the whole process difficult for prospective homeowners. Conflict resolution seriously requires the experience and knowledge of real estate attorneys Bryan TX to resolve conflicts and protect the interests of home buyers through the entire transaction.