If not handled properly, real estate contract disputes can lead to lengthy court battles. A contract dispute attorney can solve this issue. At Attorneys Real Estate, we help our clients by providing various options for resolving such conflicts. In some cases, an attorney may advise their client to use arbitration to resolve real estate contract disputes. Using the arbitration process, you will be able to steer clear of going to court. You’ll instead work with a trained mediator to reach an agreement with the other contract parties.
In other cases, resolving real estate contract conflicts may necessitate the use of litigation. This is a standard method of resolving contract disputes caused by a significant flaw in the property or gross dishonesty on the other party. After a contract dispute has been resolved, your contract dispute attorney can handle the formation of new real estate contracts. Moreover, keep in mind that a new, well-written agreement can help you avoid future contract disputes.
Let’s take a look at some common real estate contract dispute attorney.
Contract Dispute Attorney – Major Causes of Contract Disputes
In businesses, many contract disputes occur due to less or no hope. No matter whether you are dealing with a contractor, client, employee, or vendor, you can often undergo such disputes. Here are some common causes of contract disputes:
1- Disagreement On A Technical Term
The most common dispute occurs on a technical term in a business contract. In such contracts, any one of the two parties feels unhappy with the definition or understanding of that term. In addition, a few amendments in the contract can easily resolve such disputes. A contract dispute attorney can help you.
2- Loosely Defined Terms
Loosely defined terms lead to disputes even before the initiation of a business project. To avoid such disputes, both parties should bring strongly defined terms to the table. A brief overview of all the terms can protect you from undergoing a dispute. If such a dispute happens, you can mediate it even after the contract gets signed.
3- Missing Contingency Clause
The key feature of a strong contract is the presence of a contingency clause. Dispute contracts can occur in case of missing contingency clauses. Contingency clauses explain the future circumstances that will occur if a disaster or emergency happens to come. Moreover, such disputes are very common in construction projects.
4- One-Party Written Contract
When there are very few rights of one party in the contract, it will lead to a dispute. Such agreements having only one party input are called lopsided agreements. Proper communication and mediation about the responsibilities of both parties should be present in the contract to resolve disputes.
Common Disputes – Contract Dispute Attorney
By following all the terms and conditions of real estate transactions, both partners can enjoy benefits. Their absence can cause many disagreements and conflicts. Here are some common dispute contracts that occur in the market.
1- Commercial Leases
In commercial lease contracts, many disputes occur on the renting spaces and monthly rent. An unlawful detainer can evict all the rent payable action demands. Though there is no specific payable amount, still it is necessary to pay the full amount on any condition. This dispute occurs when the lessee didn’t follow the terms and conditions of the agreement.
2- Company Contract
In the modern world, businesses rely on contracts with each other for efficient operations. For instance, there must be a contract for your writing company or website hosting. In short, almost all businesses deal in the form of contract drafts with their proprietors. In case of an agreement breach, huge losses occur. Follow contract dispute laws to avoid such breaching and conflicts in business dealings.
3- Consumer Contract Disputes
Consumer contract dispute attorney are everyday conflicts happening around us. In addition, such disputes are often related to cash exchange and warranty-related issues of the products. For instance, selling a product to the customer at a high rate in the name of a warranty without delivering quality products can troubleshoot your business contract.
4- General Material Breach
Material breaches are common outright refusals to act upon all the legal terms of the contract. Such breaches often urge both parties to think about the reason for signing that particular business contract. It can cause damage or loss of millions leading to an irreparable useless contract.
5- Non-Compete Agreements
Almost every business demands employees to sign a non-compete agreement for their professional life. Such agreements dictate that an employee can never work for the competitor after getting in a working relationship with one business. However, some agreements are such strict that state an employee cannot even work in that field after leaving the company for a specific time. Such strict regulations often arouse serious conflicts.
6- Non-Disclosure Agreements (NDAs)
Many people request others to sign a non-disclosure agreement to keep all the sensitive information private. In some cases, an intended investor or buyer leaks or ruins the business model by leaking information. Such issues lead to serious disputes of leaking legal information. It is very hard to prove such allegations on a person because much evidence is needed to prove that NDA breaching happened willingly.
7- Sales of Goods Contracts
Another common dispute is that occurs on the sales of goods. Uniform Commercial Code dictates the terms for such contracts between supplier and merchant. The major conflicts in such agreements are all about liquidated merchandise and wholesale transactions. The low performance of non-warranty products can cause such problems when buyers claim such issues.
If you don’t handle a conflict properly, the entire transaction could be jeopardized and one party could face significant liability. Moreover, if necessary, an experienced attorney can help you resolve your dispute through different methods, including arbitration and litigation.
Ways of Resolving Contract Disputes
No matter which type of contract dispute is, it is very difficult to resolve it with the mutual understanding of both parties. The following are some common methods of contract dispute resolution that you can adopt to make your dealings fair and smooth.
Arbitration is a useful method of resolving contract disputes. It has many similarities with litigation that depicts you need to ask a decision arbitrator for taking a final decision. Such dispute settlements take place when the complaining party sends a notice to another. The accused party has to answer the allegation notice within a decided time. After that, the court resolves the issue by hearing the arguments of both parties.
2- Collaborative Law
Another method to resolve dispute contracts is collaborative law. In such a proceeding, you can easily avoid the conventional litigation process. Collaborative law makes sure that the conflict resolution is without going to court by making a settlement under the guidance of an attorney. It is a confidential process that takes place under the law regulations. If you are facing such disputes, you can search “breach of contract attorney near me” to resolve your disputes in privacy.
In the mediation technique, both parties meet a third-party mediator to settle the dispute in a neutral way. Along with that, your mediator can be a retired judge or a dispute attorney. Make sure that your mediator is good enough in negotiation with high expertise in restating and articulating the positions of both parties. But such dispute resolution meetings can only take place under the mutual consent of both parties. It is the most effective and budget-friendly conflict resolution strategy.
Besides this, traditional litigation can also take place where both parties will resolve their issues in an out-of-court settlement. However, such a conventional strategy is more costly and time-consuming than others.
Tips for Avoiding Contract Disputes
Whenever you are trying to enter into any kind of contractual agreements, the expertise of a litigator will be required. This is due to how they will explain the dos and don’ts in such contracts. Contract disputes have lots of implications or consequences. For instance, it can ruin your relationship with business partners. Also, it is likely to cost you more in the long run. This happens when it becomes a case that needs to be settled in the law court. Finally, it damages your public image. There is every reason to worry about all of these problems.
Do you know it is possible to avoid contract disputes? Are you aware that there are some ways to prevent problems from occurring in contractual agreements? This section will be explaining more about how you can go about such process. Believe it or not, this can help ensure you don’t spend unnecessarily in the long run. See them below.
Proper Documentation of Agreement
It has been discovered that 60-70% of cases related to contract disputes are caused by lack of proper documentation. It is either the contracts were made based on trust or details haven’t been properly recorded. There are lots of fraudulent business people who would want to take advantage of such loophole. Even if a litigation process will be successful, documented records and details will have to be available.
If you are really serious about offering your business assets maximum protection, it is important to always document contracts. Instead of opting for oral agreements, ensure that details are written down for future reference. There are many companies that have experienced huge loss due to this mistake. One of the advantages of documenting details of a contract is that it gives you the chance to evaluate the risk. You will be in a position to decide whether such agreement is worth it or not.
Contracts Should Be Expertly Drafted
This is another major reason why contract disputes usually exist. Never make the mistake of drafting the details of a contract in a hurry. This is the stage where you need to pay utmost attention to details. If you haven’t done this before, it is highly recommended to hire the services of an experienced attorney. These professionals understand the technicalities involved when it comes to drafting even the trickiest contracts.
Apart from helping you to avoid unnecessary mistakes that will cost you, a contract dispute attorney will help ensure you get favorable terms in such contract. This is done by rendering professional advice on the best ways to negotiate. A properly drafted contract will:
- Not deal with too many issues in one clause
- Define all the necessary technical terms
- State the obligations of the parties
- Summarize the intentions of parties
Keeping Your Documents Safe
There is no doubting the fact that we are living in a digital world thus, there isn’t too much danger when a document gets missing. However, note that this can also lead to contract disputes. Such can arise when contracts are misfiled, incomplete, or improperly executed. The bottom line is that you need to take proper care of contract documents. It is better to store your documents electronically since every party in such contract can easily have access to it.
Defining Standard Terms
Do you have standard terms for a contract? By this, we mean those terms that you use for every client while trying to enter into a contract with them. On the other hand, there are those that need to come up with new terms every time they are meeting clients for the first time. Whatever the case may be, it is important you evaluate and review the terms for every contract. Failure to do such can bring about disputes in the future.
Understand your standard terms as well as conditions. Of course, these are likely to change as the years are going by. When such happens, do not hesitate to effect the changes in contracts.
Real Estate Contract Dispute Attorney Near Me
Attorneys Real Estate Group represents buyers and sellers of residential and commercial real estate under challenging transactions and disputes. Furthermore, we work hard to achieve ideal results for our clients by considering their goals and conducting a thorough and objective analysis of the most effective way to achieve them. Are you searching for a real estate “contract dispute attorney near me”? Feel free to contact us for further information.
Please give us a call at 916-671-3138 to schedule a free legal consultation.