Real estate can create a number of challenges. We can help with negotiating and drafting earnest money agreements. Getting through the closing can create problems, as unexpected issues come up, or a buyer or seller tries to improve his position as time goes on. We can draft contracts of sale, or deeds and trust deeds, with related documents, to protect the interests of buyer and seller. Sometimes sellers try to avoid closing when they change their mind, and sometimes buyers try to avoid closing to buy another property, or when their funds do not come together as they had expected. These situations result in questions involving breach of contract and dispositions of deposits.
Following the closing, buyers sometimes find the house represented was not the house they purchased, giving rise to claims for rescission, misrepresentation or fraud. Collateral issues can become central when easements for utilities or access arise. Fence lines, driveways, and even buildings which appear to be on one property can be extending on to an adjoining property, which creates a variety of issues, and often the need for creative solutions.
Finally, buyers sometimes fail to make payments during the life of the contract. This often requires foreclosure.