If you need legal advice or assistance for a real estate matter, our real estate litigation attorney in NJ will help you with your case.
The experienced NJ real estate attorney Carolina from Curbelo Law firm will be able to provide you with competent legal advice in any type of mediation, arbitration of law or litigation. We have extensive experience representing clients in any real estate matter. Call today and book your appointment at our Ridgewood or Newark, New Jersey offices.
What Can Our real estate litigation attorney in NJ Do For You?
Having our New Jersey real estate litigation attorney by your side is essential to minimizing the risk of exposure to litigation. Our Latina attorney Carolina T. Curbelo has extensive experience in matters related to real estate.
The law firm of Curbelo Law, has experienced real estate litigation attorneys who represent commercial landlords and tenants, contractors, lenders, investors or anyone else who has a dispute or needs legal support in real estate.
Our expert real estate attorney will be able to effectively represent you in any real estate process including, but not limited to:
- Breach of the purchase contract, including contract cancellation disputes and/or deposit refund.
- Disputes between landlords and tenants. Like the lien claims of the owner.
- Contractor disputes.
- Environmental due diligence disputes.
- Fraud related to the transfer of residential or commercial property.
- Residential or commercial evictions.
- Services for the purchase or sale of a property.
- Property tax deductions.
- Foreclosures of residential, commercial and industrial properties.
- Mortgage reforms.
- Predatory loans.
- Adverse possession claims.
- Real estate contract services.
These are some of the real estate processes where the Curbelo Law firm can be of great help. Our practice encompasses litigation, which encompasses residential and/or commercial real estate.
Curbelo Law has a strong track record in resolving disputes, including arbitration or mediation . If necessary, our real estate litigation attorney in NJ may litigate matters in state and/or federal court.
What Does A Real Estate litigation Attorney Do?
The main function of a real estate trial or litigation attorney is to work with lawsuits for real estate businesses. Examples of this are a dispute between the shareholders and the company or contractual disputes.
Real estate litigation can arise in real estate properties and projects that generate income. For example, in shopping malls, office buildings, hotels, condominiums or industrial properties, among others.
When Can A Real Estate Dispute Arise?
The disputes can be as varied as the projects themselves. The litigation usually ranges from the acquisition, financing, development, construction, management or lease of the project. The following are common scenarios:
- Real estate developers. Litigation often arises with the sellers of the land, such as purchase and sale agreements, zoning, cost overruns, construction delays, among others.
- Lenders. Litigation often arises with borrowers. Whether on the commitment of the loan, the breach of the same or an associated debt.
- Property owners. Litigation can arise with retail and commercial tenants. It is usually due to failure to pay or preemptive rights.
Disputes regularly arise from contracts. However, they can sometimes be due to specific claims, such as trespassing or usurpation.
How Much Does A Real Estate Attorney In NJ Cost?
The cost of New Jersey real estate trial attorneys varies depending on the complexity of the case, the type of property, the quality of service, and the geographic area. Generally, the rates are usually fixed and not per hour. Although this depends on the lawyer and/or the type of case to be dealt with.
Fixed fees for legal counsel average $1,000 to $1,500 for residential sales and $1,500 to $3,000 for commercial sales.
Although it is not required by law to have the legal advice of an attorney, the cost of these is well below 1% of the price of most real estate sales.
Please note that this is only general information and averages for the state of New Jersey. Do not hesitate to contact us to obtain a personalized quote according to your requirements.
Types Of Real Estate Litigation In New Jersey
As we have discussed before, litigation can arise in many ways. It usually happens because of:
Breach Of Real Estate Contracts
The most essential part of any real estate transaction is the contract. The contract determines the rights and responsibilities that both the seller and the buyer will have.
Litigation usually arises as a result of a disagreement in the contract. For example, a disagreement or variation in the closing costs of a house in New Jersey or a problem in the property deed .
It is important that the buyer, after finalizing a purchase of a property, has title insurance in New Jersey. Which will provide protection to the owner, in case of receiving a lawsuit or claim against their property.
Responsibility For Environmental Matters
Any type of environmental problem can be costly. It can bankrupt individuals and businesses. The law requires sellers of individual properties to be responsible for these matters.
Property Tax Disputes
Property taxes must be based on a fair assessment of the actual value of the property. The appraisal of a particular property cannot be changed between city appraisals without certain circumstances occurring. For example, some significant construction in the area.
Curbelo Law Firm counts with attorneys experienced in property tax litigation, including appeals of inflated valuations and challenges of illegal “spot assessments.”
If you want to know more about home appraisal in New Jersey, check out our article dedicated to the subject.
There are often disputes between sellers and buyers, leading to problems between landlords and tenants. Our NJ landlord tenant lawyer will be able to help you in this situation. As New Jersey tenants’ rights experts, we represent real estate buyers, sellers, landlords, and tenants in any type of leasing issue.
Boundary disputes, trespass and adverse possession
It is important to know or have the help of an expert when buying or selling a house in New Jersey. The reality is that disputes can arise at the time of the transfer of property from one person to another.
Adverse possession can occur in some cases. It is a claim in which one of the parties does not have a legal title to the property , but has “occupied” the property for years. Such claims are valid, but will require a good defense in the event of a break-in.
Disputes Between Property Owners
In some cases disputes may arise between co-owners. This is because some want to sell, while others want to keep the property. These disputes can vary, especially if there is no mutual agreement.
Attorney Carolina T. Curbelo represents owners in real estate litigation. From small single-family homes to industrial complexes.
One of the most common conflicts is easement, that legal right to use another person’s property without owning it. It can arise from many situations, some are due to contracts or misunderstandings. An example are energy providers, they can install or perform maintenance on power lines on private properties.
Frequently Asked Questions About Real Estate Litigation
Now that you know what our attorneys can do for you, it’s time to check some of the real estate litigation FAQs that we usually receive. Remember to take this for general informational purposes only, as to help you in your specific situation we must know the circumstances surrounding your case.
The transfer of property from one party to another is known as a real estate transaction. That is, the legal process where a property is passed from one person to another.
Whether you are purchasing residential or commercial property, the title is highly important. It is proof that you are the owner of the property. Verifying the transaction title will prevent any future problems.
It is possible to resolve a real estate dispute without the need to go to court. However, the process can be complex and requires legal expertise in these situations. Most attorneys try to resolve the dispute outside of court.
Real estate litigation can resolve various situations, such as contract disputes, sales, landlord-tenant disputes, among others.
Residential properties are for private use only. On the other hand, commercial property is for industrial or business-related purposes.
Some private properties include: Condominiums, single-family homes, townhouses, etc.
Some commercial properties include: Parking lots, apartment buildings, farmland, factories, etc.
Find out the different architectural styles and types of houses in New Jersey.
How Do I Know If I Need Legal Representation?
The vast majority of real estate disputes will require highly experienced legal representation. If you are a buyer, owner, or seller, you may need an attorney for these matters.
Do you have more questions? Our NJ real estate litigation attorney has over 10 years of experience helping real estate sellers, owners, and buyers in any situation. Call us today so we can provide you with our legal advice.