Real Estate & Property Disputes
Real estate disputes can be extremely aggravating and quite costly. One of the more common problems which arise from a real estate transaction — in both commercial and residential sales — is a failure to disclose material defects of the property by the seller. As I detailed previously (See: Real Estate Contracts: Seller’s Disclosure Statement), litigation grounded in fraud and Missouri’s Merchandising Practices Act is not uncommon. To prevail, the purchaser of property must generally show that the seller failed to disclose material facts about the property before the transaction. Generally, it is much easier for a purchaser to prevail under the Merchandising Practices Act because the evidentiary requirements are lighter.
Aside from disputes arising out of the condition of the property, complaints about the boundary lines of property are also common. Specifically, where one property ends and where another begins can — although innocuous — lead to serious problems, particularly when you consider that some property-owners construct buildings which straddle boundary-lines. The legal doctrines that are relevant in such disputes are extremely complicated — e.g., adverse possession, the validity and construction of deeds, easements, restrictive covenants, etc.
A petition to “Quiet Title” is the correct way to solve such problems. (See: Quiet Title: Real Estate Disputes).
If you are having problems concerning real estate, feel free to contact us for a free consultation.