The Jensen Litigation Firm, PLLC represents businesses and individuals in disputes over real estate contracts. People hire us to understand their rights as a buyer or seller, and to champion their cause. If you need an attorney to handle a dispute that prevents a closing, or which has harmed you after closing, we can help. Contact us now before you lose any legal remedies.
What common issues do real estate sales involve?
Properly buying or selling real estate is important for any business, individual, trust, or estate. Transactions are complicated, involve large amounts of money, and can take weeks or months to close. Even with close attention to detail, these transactions go wrong. It is important to understand your rights before acting to correct the issues or commence civil litigation.
Conventional real estate sales have many moving parts, such as:
- Sellers completing detailed property disclosures with the help of their realtor.
- Title examiners inspecting the chain of title for ownership rights and an accurate legal description.
- Banks determining the value of the property and the viability of the borrower.
- Property inspectors viewing the home or building for technical issues.
- Seller repairs or improvements pending closing.
- Satisfaction of existing mortgages and liens.
- Coordination by the closing company of many documents to sign.
These steps should increase a party's confidence in the process. In reality, any small issue can lead to a big problem and a faulty transaction.
For questions about breach of contract issues, see 50 FAQs About Breach of Contract in Minnesota.
What claims can I make if I have a property sale dispute in Minnesota?
If there is a dispute, there are potential claims that can be brought by the buyer or seller. Such claims include:
- Breach of contract
- Specific performance
- Cancellation of Residential Purchase Agreement under Minn. Stat. § 559.217.
- Realtor claims
- Mortgage-related claims
- Seller non-disclosure claims
- Title-defect claims or claims that involve title insurance.
- Other claims
Asserting claims may be useful because it may lead to a negotiated agreement and a successful closing. However, it may also lead to a lawsuit in court where the status of the sale will remain uncertain. It is important to contact an attorney to sort out your rights and develop a strategy for the dispute or potential litigation.
What are some common disputes with Contracts for Deed in Minnesota?
There are unique issues with a contract for deed, which may be used if a buyer lacks resources or financing. Under a contract for deed, the seller retains title while the buyer makes payments. Upon the final payment, the buyer gets a deed for the land.
Disputes arise when the buyer fails to make payments or satisfy other conditions. A seller can cancel the contract under Minn. Stat. § 559.21 upon proper notice and proof of a default. This is a harsh result for the buyer because he or she will lose any equity paid into the contract. For this reason, buyers often fight hard to acquire the land and frequently hire an attorney to assist them.
We have the knowledge and experience to handle disputes with real estate contracts. Do not hesitate to contact us if:
- The other party has breached a purchase agreement, move-in agreement, lease, contract for deed, or other contract.
- You have been sued under a real estate contract.
- You need to cancel a contract, or defend a cancellation.
- There are disclosure, title defect, lien, easement, or tenant issues with the property being sold.