Contract Dispute Lawyers

Attorneys Real Estate Group

We Handle Real Estate Contracts, Builder Disputes, Failure To Disclose & More..

“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.”

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Contract Dispute Lawyers

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 Lawyers​ 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 attorneys.

 

What is a Contract Dispute?

A contract dispute occurs when two or more parties are not in agreement regarding the conditions, terms, or definitions conditions that are contained in the contract. In this case, the contract can be challenged in the court.

A contract dispute is a matter between the parties to a confidentiality contract or nondisclosure agreement where intellectual property or other information has been disclosed in violation of the obligations of the contract.

While contracts are usually negotiated, parties may not always agree with each other. If there is a violation of the contract or the parties do not agree with the definitions or terms in the contract, there could be a dispute over the terms of the contract.

 

Contract Dispute Lawyers – 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 contract dispute cases:

 

1- Disagreement On A Technical Term

The most common dispute occurs on a technical term in a business contract. In such contracts, any of the two parties feel unhappy with the definition or understanding of that term. In addition, a few amendments in the contract can quickly resolve such disputes. Licensing Contract Dispute Lawyers can help you.

 

2- Loosely Defined Terms

Loosely defined terms lead to disputes even before initiating a business project. Both parties should bring strongly defined terms to the table to avoid such disputes. 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 widespread in construction projects. 

 

4- One-Party Written Contract

When one party has very few rights 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 Lawyers

Both partners can enjoy benefits by following all the terms and conditions of real estate transactions. Their absence can cause many disagreements and conflicts. Here are some standard dispute contracts that occur in the market. 

 

1- Commercial Leases

In commercial lease contracts, many disputes occur between renting spaces and monthly rent. An unlawful detainer can evict all the rent payable action demands. Though there is no specific payable amount, it is still necessary to pay the full amount on any condition. This dispute occurs when the lessee doesn’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, a contract must be for your writing company or website hosting. In short, almost all businesses deal in 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 attorneys are involved in 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 into a working relationship with one business. However, some agreements are so strict that 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. Sometimes, an intended investor or buyer leaks or ruins the business model by leaking information. Such issues lead to serious disputes over leaking legal information. It is tough to prove such allegations against a person because evidence is needed to prove that the NDA breaching happened willingly. 

 

7- Sales of Goods Contracts

Another common dispute 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 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, 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 it is, it is tough to resolve it with the mutual understanding of both parties. The following are some standard methods of contract dispute resolution that you can adopt to make your dealings fair and smooth. 

 

1- Arbitration

Arbitration is a useful method of resolving contract disputes. It has many similarities with litigation that depicts you need to ask a decision arbitrator to make a final decision. Such dispute settlements occur 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/Contract Dispute Lawyers ensures that the conflict is resolved 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. 

 

3- Mediation

In the mediation technique, both parties meet a third-party mediator to settle the dispute neutrally. Your mediator can also be a retired judge or a contract attorney San Diego. Make sure that your mediator is good enough in negotiation with high expertise in restating and articulating the positions of both parties. However, such dispute resolution meetings can only occur under both parties’ mutual consent. 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 contractual agreement, a litigator’s expertise 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 explain how you can go about such a 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 a lack of proper documentation causes 60-70% of cases related to contract disputes. The contracts were made based on trust, or details were not adequately recorded. There are lots of fraudulent business people who would want to take advantage of such a loophole. Even if a litigation process is successful, documented records and details will have to be available.

If you are really serious about offering your business assets maximum protection, it is essential always to document contracts. Instead of opting for oral agreements, ensure details are written down for future reference. Many companies have experienced huge losses due to this mistake. One of the advantages of documenting contract details is that it gives you the chance to evaluate the risk. You will be in a position to decide whether such an agreement is worth it or not.

 

Contracts Should Be Expertly Drafted

This is another primary 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 that you hire the services of an experienced attorney. These professionals understand the technicalities involved in drafting even the trickiest contracts.

Apart from helping you to avoid unnecessary mistakes that will cost you, a breach of contract lawyer San Diego will help ensure you get favorable terms in such a contract. This is done by rendering professional contract attorneys near me advice on negotiating the best ways. 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 doubt that we live in a digital world. Thus, there isn’t too much danger when a document goes 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 must take proper care of contract documents. It is better to store your documents electronically since every contracting party can easily access them.

 

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, some need to come up with new terms every time they meet clients for the first time. Whatever the case, you must evaluate and review the terms of every contract. Failure to do so 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 go by. When such happens, do not hesitate to effect the changes in contracts.

 

Real Estate Contract Dispute Lawyers 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. 

 

Hedy Ghavidel

HEDY GHAVIDEL Managing Attorney  Roseville Office  1-866-471-6981  info@attorneysre.com Bio...

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