Disputes are inevitable. For example, transactions do not always go smoothly. Buyers and sellers may change their minds at the last minute and attempt to avoid their contractual obligations, or sellers may fail to disclose known defects in a house. Disputes arise between adjacent property owners, such as when neighbors argue over boundary lines. Conflict may erupt between joint owners of the same property. In any dispute, the first step in resolving it usually involves an analysis of the facts and applicable law, followed by an informed and coherent demand for resolution. The demand is then followed by negotiation between the parties so that they can resolve the dispute without resorting to litigation. My associate Marc Holmes and I can assist in this process.
The most common dispute arising in a real property transaction involves the earnest money. For one reason or another (usually some form of "buyer's remorse") a buyer may decide to back out of a contract at the last minute. Unless the buyer has a clear legal right to do so (such as by complying with the terms of a financing contingency), the seller will probably want to retain the earnest money. However, it may be a significant sum that the buyer is unwilling to lose without a fight. In those circumstances -- whether you are a buyer or a seller -- Craig can assist you in identifying the strengths and weaknesses of your case so that you can make an informed demand that will hopefully resolve the dispute.
Occasionally, a seller will sign a contract for the sale of a home and then shortly thereafter receive a significantly better offer. The seller may be tempted to get out of the first contract in order to then accept the better offer. If the seller does so, he or she runs the risk of the first buyer asserting a claim for breach of contract, which may include a claim for specific performance. Whether you are a buyer or a seller, Craig can assist you in determining whether and how you can achieve your desired result.
Here in Washington, the law requires a seller disclosure statement to be completed by a seller. Sometimes, a seller will not disclose all known defects in the property despite the legal obligation to do so. Under those circumstances, the buyer may want to seek compensation from the seller, particularly if the defect involves a significant amount of money. Craig can assist in this process.
The old expression "fences make good neighbors" generally holds true -- unless, of course, the fence lies somewhere other than the property boundary. In that case, and in a variety of other situations, you may find yourself embroiled in a boundary dispute. In those circumstances, Craig can assist you in analyzing the situation to determine how it can best be resolved.
Regardless of the specific nature of your dispute, Craig and Marc can assist you in identifying the strenghts and weaknesses of your position and then formulating and implementing a plan for resolution.
