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Real Estate Litigation

Real Estate Litigation

Not all purchases or sales of real estate result in a happy ending. In many instances, buyers of real estate discover problems within the property after they have proceeded to Closing and taken possession of the property. Some instances which may arise are the discovery of termite damage, water damage or other defects within the property that were not apparent or disclosed prior to the Closing. In many instances, inspections of the property prior to closing may not reveal problems, due to the fact that the damage was concealed behind walls or not accessible for inspection. As a result, purchasers of property may have rights to pursue claims such as fraud, consumer fraud, breach of contract, breach of the implied warranty of habitability, and claims involving latent defects, negligent and/or intentional misrepresentation and negligent or intentional omission of material facts. Claims may also exist against home inspection companies, engineers or termite companies who performed services and prepared reports prior to Closing. At Elkind and DiMento, P.A., we are adept at handling such claims on behalf of purchasers of real estate who have the misfortune to be in this category, as well as in representing or defending property owners against whom such claims have been brought.

Elkind and DiMento, P.A. also has substantial experience in actions to quiet title wherein defects or questions regarding the title to property exist, as well as in partition actions, wherein a co-owner of a property may seek to force a sale of the property.

Other real estate litigation matters handled by Elkind and DiMento, P.A. include law suits by property owners against contractors, defense of contractors against whom law suits by property owners have been brought and residential and commercial landlord-tenant litigation and eviction actions, either on behalf of landlords or tenants.

We not only can help our clients in the event a dispute arises, but due to our extensive experience, are able to foresee and prevent problems and act proactively on behalf of our clients, to prevent issues from becoming more involved.

We are responsive to our clients, pay attention to our clients and are results driven. Our efforts are to resolve disputes in a cost effective manner on behalf of our clients in order to advance our clients’ objectives, interests and goals.