Real Estate Contract Disputes in Cleveland, Ohio

Real estate transactions are complex, involving multiple parties, lengthy contracts, and significant financial stakes. When disputes arise over the terms or performance of a real estate contract, you need experienced legal representation that you can trust to protect your interests.

At Cavell Law, our real estate attorney has been helping clients in Cleveland and throughout Ohio resolve contract disputes for years. Whether you’re a buyer, seller, or real estate professional, we’re committed to defending your rights and securing your investment.

If you’re currently dealing with a real estate contract dispute, reach out to our team for help.

Common Types of Real Estate Contract Disputes

Real estate contract disputes can take many forms, but some of the most frequently encountered issues include:

• Breach of contract by the buyer or seller
• Failure to disclose known property defects
• Disputes over earnest money deposits
• Contingency-related disagreements (financing, inspections, etc.)
• Property boundary and title issues

Let’s take a closer look at two of the most common types of disputes: breach of contract and non-disclosure of property defects.

Breach of Contract in Real Estate Transactions

A breach of contract occurs when either party fails to perform their obligations under the agreement. For example, if the buyer refuses to close on the sale after all contingencies have been satisfied, they may be in breach.

Similarly, if the seller fails to make agreed-upon repairs or doesn’t vacate the property by the specified date, they could be breaching the contract.

When a breach occurs, the non-breaching party may have several legal remedies available, such as:

• Seeking specific performance (forcing the other party to follow through with the contract)
• Terminating the contract and recovering any earnest money or other deposits
• Suing for monetary damages caused by the breach

The appropriate remedy will depend on the specific circumstances of your case. Our experienced real estate litigation attorney can help you assess your options and pursue the best course of action.

Non-Disclosure of Property Defects

In Ohio, sellers have a legal duty to disclose known material defects that could affect the value or safety of the property. This includes issues like:

• Structural problems (foundation cracks, roof leaks, etc.)
• Major systems defects (HVAC, electrical, plumbing)
• Environmental hazards (mold, asbestos, lead paint)
• Zoning or building code violations

If a seller fails to disclose a known defect and the buyer discovers it after closing, the buyer may have grounds for a legal claim. The buyer will need to prove that the seller knew (or should have known) about the defect and deliberately withheld that information. If successful, the buyer may be entitled to compensation for repair costs, diminished property value, and other related damages.

Resolving Real Estate Contract Disputes

When a real estate contract dispute arises, it’s essential to act quickly and seek experienced legal guidance. Attempting to navigate the situation on your own can lead to costly mistakes and unfavorable outcomes.

The first step in resolving a dispute is often to review the contract itself. Our attorney will carefully analyze the language of your agreement to identify your rights, obligations, and potential remedies.

We’ll then work with you to develop a tailored strategy for addressing the dispute, which may involve:

• Negotiation and settlement: Many real estate disputes can be resolved through skillful negotiation. We’ll engage with the other party’s representatives to seek a mutually acceptable resolution that protects your interests.
• Alternative dispute resolution: If initial negotiations are unsuccessful, mediation or arbitration may offer a faster, more cost-effective path to resolution than litigation. These processes involve a neutral third party who facilitates settlement discussions (in mediation) or renders a binding decision (in arbitration).
• Litigation: When other resolution methods fail, litigation may be necessary. Our seasoned trial attorney will vigorously advocate for your rights in court, presenting compelling arguments and evidence to achieve the best possible result.

Throughout the dispute resolution process, our goal is to provide you with clear guidance, responsive communication, and effective advocacy. We’ll work closely with you to understand your unique needs and objectives, and we’ll keep you informed at every stage of your case.

Seeking Specific Performance of the Contract

In some cases, monetary damages may not adequately address the harm caused by a breach of contract. For example, if you’re a buyer and the seller refuses to transfer title to the property after closing, you may want to compel them to follow through with the sale rather than simply recovering your earnest money deposit.

This is where the remedy of specific performance comes into play. Specific performance is an equitable remedy that requires the breaching party to fulfill their contractual obligations. However, it’s not automatically available in every case. To obtain specific performance, you typically must show that:

• The contract is valid and enforceable
• You have performed (or are ready and willing to perform) your own obligations under the contract
• Monetary damages would be inadequate to compensate you for the breach
• The property at issue is unique (as most real estate is considered to be)

Pursuing specific performance requires a thorough understanding of Ohio contract law and effective courtroom advocacy skills. Our attorney have successfully represented numerous clients in specific performance actions, and we’re prepared to fight for your rights in even the most complex cases.

Recovering Monetary Damages in Contract Disputes

In many real estate contract disputes, the primary goal is to recover monetary damages resulting from the other party’s breach. These damages may include:

• Direct damages: Compensation for the direct financial losses caused by the breach, such as earnest money deposits, inspection fees, or temporary housing costs.
• Consequential damages: Reimbursement for foreseeable losses that flow from the breach, like lost profits or additional financing costs.
• Incidental damages: Repayment for expenses incurred in dealing with the breach, such as attorney’s fees or costs associated with finding a replacement property.

The specific types and amounts of damages available will vary depending on the nature of the breach, the terms of your contract, and the evidence you can present to support your claims. Our attorney will thoroughly assess your damages and build a strong case to maximize your financial recovery.

Proactive Strategies to Avoid Real Estate Disputes

While our firm is always ready to fight for your rights in a real estate dispute, we also believe in helping our clients proactively avoid conflicts whenever possible.

Some key strategies for minimizing the risk of real estate contract disputes include:

• Conduct thorough property inspections and due diligence: Before signing a contract, it’s crucial to thoroughly investigate the condition of the property, review relevant documents (like title reports and zoning records), and identify any potential red flags.
• Work with reputable professionals: Partnering with experienced, trustworthy real estate agents, lenders, and title companies can help ensure a smoother transaction and reduce the likelihood of disputes.
• Have an attorney review your contract: Before you sign on the dotted line, it’s wise to have a knowledgeable real estate attorney review the contract for potential pitfalls and negotiate more favorable terms on your behalf.
• Communicate clearly and document everything: Many disputes arise due to miscommunication or misunderstandings. Maintaining open lines of communication with the other party and carefully documenting all agreements and interactions can help prevent conflicts down the road.

Of course, even with the most diligent planning and preparation, disputes can still occur. When they do, our Cleveland real estate attorney are here to provide the skilled representation you need.

Frequently Asked Questions About Contract Disputes

What should I do if I believe the seller failed to disclose a known defect with the property?

If you discover a defect after closing that you believe the seller knew about but failed to disclose, it’s important to act quickly. Gather any evidence you have of the defect and the seller’s knowledge, and contact an experienced real estate attorney right away.

Your attorney can help you assess your legal options, which may include filing a claim against the seller for breach of contract or violation of Ohio’s disclosure laws. The key is to document everything and seek legal guidance as soon as possible to protect your rights.

Can I get out of a real estate contract if the seller breaches the agreement?

If the seller materially breaches the contract (meaning they fail to perform a significant obligation), you may have grounds to terminate the agreement and seek damages. However, it’s crucial to carefully review your contract and consult with a knowledgeable real estate attorney before taking action.

Your attorney can help you understand your rights under the contract, assess the severity of the breach, and advise you on the best course of action. In some cases, you may be able to negotiate a resolution with the seller, while in others, you may need to pursue legal remedies like specific performance or monetary damages.

How Our Cleveland Real Estate Attorney Can Help

At Cavell Law, our real estate attorney brings years of experience to every case we handle. We have a proven track record of success in resolving real estate contract disputes, both through negotiated settlements and in the courtroom.

What sets us apart is our unwavering commitment to our clients’ best interests. We take the time to listen to your concerns, answer your questions, and develop a legal strategy tailored to your goals.

Our attorney is deeply familiar with the local real estate market, as well as the courts and judges throughout Cleveland and the surrounding areas. These local ties allows us to provide insightful guidance and effective advocacy in even the most challenging contract disputes.

If you’re facing a real estate contract dispute in Cleveland, Ohio, don’t wait to seek experienced legal representation. Contact Cavell Law today to schedule a consultation.