Real estate transactions are some of the largest and most meaningful investments people make in their lives, whether it’s buying a first home, leasing commercial space, or managing a property portfolio. But as with any major financial transaction, things don’t always go according to plan. Real estate disputes can arise at nearly any stage of a deal or ownership cycle, and when they do, they can quickly become costly, stressful, and time-consuming.
In this blog, we’ll explore some of the most common real estate disputes and offer practical insights on how to prevent or resolve them. Whether you’re a buyer, seller, landlord, or investor, understanding these issues can help protect your investment and provide peace of mind.
1. Breach of Contract
One of the most frequent causes of real estate disputes is a breach of contract. Real estate agreements are complex and often contain detailed obligations for both parties. A breach may involve a failure to meet timelines, refusal to complete a sale, missing disclosures, or disagreements over repairs or financing.
Example: A seller agrees to make certain repairs before closing but fails to do so. The buyer wants to walk away or renegotiate the price, leading to a dispute.
How to protect yourself: Always ensure that your purchase agreements are clear and comprehensive. Work with a knowledgeable real estate attorney to review or draft contracts, and be cautious about signing anything without a full understanding.
2. Boundary and Property Line Disputes
Boundary disputes often arise between neighboring property owners and typically involve disagreements over fences, driveways, trees, or easement rights. These disputes can escalate quickly, especially when property value or long-standing usage is at stake.
Example: A homeowner builds a fence they believe is on their property line, only to have a neighbor challenge it after a new survey is conducted.
How to protect yourself: Before buying or making changes to your property, check existing surveys and consider getting a new one if needed. Title searches and proper permitting are also key steps in preventing boundary issues.
3. Title Issues and Ownership Disputes
A clear title is essential in any real estate transaction. Problems can arise when a title is clouded by liens, prior claims, inheritance issues, or clerical errors. If an ownership dispute surfaces after closing, it can jeopardize your ability to use, finance, or sell the property.
Example: After purchasing a property, a buyer learns that an heir to the previous owner never signed off on the sale and is now contesting ownership.
How to protect yourself: Always conduct a thorough title search and obtain title insurance. If you encounter a title issue, consult an experienced real estate attorney to explore your options for resolving it.
4. Landlord-Tenant Disputes
Rental properties can be a great investment, but they can also come with legal challenges. Landlord-tenant disputes may involve rent payment, lease violations, property damage, security deposits, or disagreements over repairs and maintenance.
Massachusetts landlords must pay close attention to the laws that impact rental properties, including fair housing rules and health and safety codes. Tenants have strong legal protections, making it especially difficult to evict for nonpayment of rent. If you’re using a standard lease form, we strongly recommend adding additional provisions to give you more tools if eviction becomes necessary.
We also advise carefully reviewing how thorough your tenant background checks are. To properly search for prior criminal, civil, or housing court cases in Massachusetts, you must search each county’s court dockets individually.
For example, you’ll need to check the superior, district, and housing courts in every county where the prospective tenant has recently lived. If they’ve lived in both Middlesex and Essex counties, you must search the courts in both.
If you’re a new or less-experienced landlord, feel free to contact us for a consultation.
5. Misrepresentation or Non-Disclosure
In Massachusetts, sellers have limited duties to disclose certain property defects, but misrepresentation can still lead to legal consequences. If a seller knowingly conceals material information about a property, such as water damage, pest infestations, or zoning violations, the buyer may have grounds for a lawsuit.
Example: A seller paints over evidence of water leaks in the basement and fails to disclose a history of flooding. The buyer discovers the issue post-closing.
How to protect yourself: Buyers should always conduct a thorough home inspection and ask detailed questions. Sellers should be honest and transparent because concealing issues often leads to larger problems down the line.
6. Construction and Renovation Disputes
Disputes often arise between property owners and contractors over delays, costs, defective workmanship, or unfinished work. These conflicts can halt progress and cause significant financial losses.
Example: A homeowner hires a contractor to remodel a kitchen, but the work drags on for months, and costs spiral beyond the initial estimate.
How to protect yourself: Always have a written contract in place for any work performed. Make sure it includes a detailed scope, timeline, and payment terms. Vet contractors carefully, and keep records of communications and payments.
7. Zoning and Land Use Conflicts
Local zoning laws dictate how land can be used. Disputes may occur when a property owner’s intended use violates zoning rules or when neighboring land use impacts property value or enjoyment.
Example: A homeowner wants to build a detached rental unit on their property, only to discover that zoning restrictions prohibit it.
How to protect yourself: Before purchasing or altering a property, review zoning ordinances and land use regulations. If you’re planning to develop or change a property’s use, consult a real estate attorney who understands local zoning laws.
8. Easement and Right-of-Way Disputes
Easements grant certain rights to access or use another person’s land, often for utilities, driveways, or paths. Disagreements over easement use or boundaries can lead to conflict, especially if one party feels their property rights are being infringed upon.
Example: A neighbor begins using a shared driveway more frequently and blocks access, leading to tension over the original easement agreement.
How to protect yourself: Make sure easement rights are clearly defined and recorded. If there’s any ambiguity, a real estate attorney can help clarify and formalize the agreement.
Preventing and Resolving Real Estate Disputes
Real estate disputes are often complex, and emotions can run high, especially when property, livelihood, or home life are on the line. But with the right knowledge, preparation, and professional guidance, many conflicts can be avoided or resolved quickly and effectively.
At DaMore Law, our team has extensive experience helping individuals, families, and businesses resolve real estate disputes of all kinds. From reviewing contracts and investigating title issues to representing clients in negotiation or litigation, we provide practical solutions tailored to your situation. Let’s connect.