Cleveland, Ohio
Real Estate Purchase and Sale Disputes Lawyer

Buying or selling real estate is one of the most significant financial transactions most people will ever undertake. While the vast majority of these transactions go smoothly, disputes can and do arise. When they do, it’s essential to have an experienced real estate litigation attorney on your side to protect your rights and interests.

At Cavell Law, we have been representing clients in real estate purchase and sale disputes in Cleveland, Ohio, and throughout the state for many years. We have a deep understanding of the legal and practical issues involved in these cases, and we know how to effectively advocate for our clients to achieve the best possible outcomes.

Breach of Contract in Real Estate Transactions

One of the most common types of disputes we see in real estate transactions involves allegations of breach of contract. A real estate purchase agreement is a legally binding contract, and when one party fails to perform their obligations under the agreement, the other party may have a claim for breach of contract.

To prevail on a breach of contract claim in Ohio, the plaintiff must prove the following elements:

1. The existence of a valid contract;
2. Performance by the plaintiff of their obligations under the contract;
3. Breach of the contract by the defendant; and
4. Damages resulting from the breach.

Some common examples of breach of contract in real estate transactions include:

• Failure to close the transaction on the agreed-upon date
• Failure to provide clear title to the property
• Failure to make required repairs or improvements to the property
• Failure to disclose known defects or issues with the property

If a breach of contract occurs, the non-breaching party may be entitled to various remedies, including specific performance (an order requiring the breaching party to follow through with the contract), monetary damages, or rescission of the contract.

Failure to Disclose Property Defects

In Ohio, sellers of residential real estate have a legal duty to disclose any known material defects in the property to potential buyers. This duty is codified in Ohio Revised Code Section 5302.30, which requires sellers to complete a Residential Property Disclosure Form and provide it to buyers before entering into a purchase agreement.

The Residential Property Disclosure Form requires sellers to disclose a wide range of information about the property, including:

• The condition of the roof, foundation, and structural components
• The presence of hazardous materials like asbestos or lead-based paint
• Any known problems with the electrical, plumbing, or HVAC systems
• Any past or present issues with water intrusion or mold
• Any pending or threatened legal actions affecting the property

If a seller fails to disclose a known material defect, and the buyer discovers the defect after closing, the buyer may have a claim against the seller for damages. In some cases, the buyer may even be able to rescind the contract and get their money back.

Property Line and Boundary Disputes

Disputes over property lines and boundaries are another common issue we see in real estate transactions. These disputes can arise for a variety of reasons, including:

• Inaccurate or ambiguous property descriptions in deeds or surveys
• Encroachments by neighboring property owners
• Disagreements over the location of easements or rights-of-way
• Changes in the natural landscape over time

To avoid property line disputes, it’s important for buyers to obtain a professional survey of the property before closing. A survey will identify the precise boundaries of the property and any potential encroachments or other issues.

If a property line dispute does arise, the first step is often to try to resolve the issue through negotiation with the neighboring property owner. If negotiations are unsuccessful, mediation or arbitration may be an option. In some cases, however, litigation may be necessary to quiet title or establish the correct boundary lines.

Contingencies and Disputes in Real Estate Contracts

Real estate purchase agreements often include contingencies that allow the buyer to back out of the deal if certain conditions are not met. Some common contingencies include:

• Financing contingencies (the buyer’s ability to obtain a mortgage)
• Inspection contingencies (the property must pass a satisfactory inspection)
• Title contingencies (the seller must provide clear and marketable title)
• Appraisal contingencies (the property must appraise for a certain value)

Disputes can arise if one party believes that a contingency has not been satisfied, and attempts to terminate the contract on that basis. For example, if a buyer’s lender denies their mortgage application, the buyer may try to invoke the financing contingency and cancel the contract. Similarly, if an inspection reveals significant defects in the property, the buyer may try to negotiate repairs or a price reduction, or may attempt to terminate the contract based on the inspection contingency.

In these situations, it’s important to carefully review the specific language of the purchase agreement to determine the rights and obligations of each party. An experienced real estate attorney can help you understand your options and advocate for your interests in a contingency dispute.

Real Estate Broker and Agent Liability

Real estate brokers and agents play a crucial role in most real estate transactions, and they owe certain legal duties to their clients. In Ohio, these duties include:

• Loyalty and obedience to the client’s interests
• Disclosure of material facts about the property or the transaction
• Confidentiality of client information
• Reasonable care and diligence in performing their duties
• Accounting for client funds and property

If a broker or agent breaches one of these duties, and their client suffers harm as a result, the client may have a claim for damages. Some common examples of broker and agent liability include:

• Failing to disclose known defects or issues with the property
• Making false or misleading statements about the property or the transaction
• Failing to follow the client’s lawful instructions
• Mishandling earnest money deposits or other client funds
• Engaging in self-dealing or conflicts of interest

Holding a broker or agent accountable for misconduct can be challenging, as they are often protected by errors and omissions insurance and may have contractual limitations on their liability. However, with the help of an experienced real estate litigation attorney, clients can often recover damages for harm caused by broker or agent negligence or misconduct.

Why Choose Cavell Law for Your Real Estate Purchase and Sale Dispute?

At Cavell Law, we have been representing clients in real estate purchase and sale disputes for many years. We understand the legal and practical issues involved in these cases, and we know how to effectively advocate for our clients to achieve the best possible outcomes.

Some of the reasons why clients choose our firm for their real estate litigation needs include:

• Our extensive experience handling complex real estate disputes, including breach of contract, failure to disclose, and property line issues
• Our deep understanding of Ohio real estate law and local market conditions
• Our commitment to providing personalized, results-driven representation tailored to each client’s unique needs and goals
• Our track record of success in negotiation, mediation, arbitration, and trial
• Our reputation for integrity, professionalism, and client service

We know that real estate disputes can be stressful and overwhelming, and we are here to guide you through the process and protect your rights and interests at every stage.

Contact Our Cleveland, Ohio Real Estate Purchase and Sale Dispute Attorney

If you are involved in a real estate purchase and sale dispute in Cleveland, Ohio, or the surrounding areas, it’s important to seek legal advice as soon as possible. Delays in addressing legal issues can often lead to more complex and costly problems down the road.

At Cavell Law, we offer confidential consultations to discuss your specific situation and explore your legal options. We will take the time to listen to your story, answer your questions, and provide you with an honest assessment of your case.

To schedule a consultation with one of our experienced real estate litigation attorney, please contact our office. We look forward to speaking with you and helping you find the best path forward in your real estate dispute.