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Advising on Real Estate Disputes

Since real estate tends to involve large dollar amounts and, on the residential side of things, one’s standard of living, family, and emotions, real estate disputes tend to be significant and can occur in a variety of ways.  Some of the common types of real estate disputes are listed below.

  1. Breaches of contract with respect to the purchase or sale of properties
  2. Boundary or property line disputes between neighbors
  3. Co-ownership, joint ownership, or multiple-owner disputes  [For content about this particular type of property dispute, you may wish to read the following blog article: “One Property, Multiple Owners: A Method to Resolve Major Disagreements“]
  4. Title disputes after a property is sold or that arise through adverse possession or marital relationships
  5. Disputes related to inheritance or estate planning
  6. Breaches of fiduciary duty (by a real estate agent or someone else) or negligence
  7. Failures to disclose defects or problems, misrepresentation, or fraud
  8. Disputes over earnest money deposits after a contract is cancelled or one party has attempted to cancel a contract
  9. Disputes over fixtures and their ownership, especially during a transition of ownership or possession
  10. Instances of trespass
  11. Issues regarding maintenance and repairs, and who is financially responsible for them, either during the course of a landlord-tenant relationship or in the process of purchasing or selling a home

While some real estate disputes occur over genuine misunderstandings or unintentional mistakes, others occur because one or more people were greedy, dishonest, or reckless.  It’s hard to know another person’s intentions.  Oftentimes it is best for each side to begin communicating and sharing information as opposed to running away or hiding, but one only has so much control over another’s behavior and the law has strict deadlines as to when claims have to be filed.  Even after the parties begin communicating or the dispute resolution process beings, real estate disputes can take time and effort to resolve.

Real estate disputes in Kansas and Missouri happen regularly.  They occur between commercial landlords and commercial tenants, residential landlords and residential tenants, buyers and sellers of all types of properties, neighbors, beneficiaries under an estate planning instrument, real estate agents and their clients, contractors or subcontractors and property owners, landowners and the government, homeowners associations and homeowners, as well as between or among other parties.

Different laws apply to Kansas real estate disputes than Missouri real estate disputes.  It is important to hire legal counsel that has a license to practice law in the physical location of where the real estate is located, e.g., a lawyer with a Kansas law license for a Kansas real estate dispute and a lawyer with a Missouri law license for a Missouri real estate dispute.  Additionally, it is important to hire legal counsel that works in real estate law as opposed to legal specialists practicing in unrelated fields.

This law firm has experience handling a wide variety of real estate disputes in the states of Kansas and Missouri whether less formally through letters, contracts, and negotiations or more formally through mediation or the court system.  We have worked on disputes concerning real properties located in Olathe, Kansas, Overland Park, Kansas, Baldwin City, Kansas, Linwood, Kansas, Quenemo, Kansas, Emporia, Kansas, Kansas City, Kansas, Parkville, Missouri, and Kansas City, Missouri.

If you would like to make an appointment with Kincaid Business & Entrepreneurial Law, LLC ® regarding a real estate law matter, specifically a real estate dispute, please feel free to conveniently schedule with us here.  You may also wish to read more about associated legal services, reviewing commercial leases, reviewing residential leases, and purchasing or selling real estate on our website.