Real Estate Disputes and Litigation

Overview of Real Estate Disputes and Litigation in Oklahoma

Real estate is one of the most significant investments an individual or business can make. Unfortunately, disputes can be an inevitable part of the real estate ownership experience, and have the potential to lead to costly and time-consuming litigation.

To speak to trusted real estate attorneys with experience litigating each of the following types of disputes, contact Avenue Legal Group.

The following items are some of the most common types of real estate disputes in Oklahoma:

Boundary Fence Encroachment

Boundary fence encroachment disputes arise when a property owner’s fence, wall, or other structure extends beyond the legal property line and encroaches onto a neighbor’s land. These disputes can escalate quickly and lead to strained relationships among neighbors. Resolving these disputes often involves determining the exact legal property boundary with pins and stakes (often requiring a survey), assessing damages, negotiating solutions, or forcing resolution through court action. Learn more.

Trespass

Trespassing issues can range from minor inconveniences to major disputes. A trespass occurs when an individual or entity enters someone else’s property without permission, or causes another person or thing to do so. Trespassing can lead to claims for financial damages, injunctions, or even criminal charges, depending on the severity of the violation. Sometimes, even though a technical trespass has occurred, there may not be a strong claim for damages. Learn more.

Partition

Partition disputes occur when there are multiple parties that co-own a property, and they cannot agree on the use or sale of the property. In these cases, anyone who is a legitimate co-owner may seek a partition action to force the sale or physical division of the property over the objection of the other co-owners. Partition actions can be complex and require court intervention to ensure a fair resolution. Learn more.

Title and Ownership Disputes

Sometimes, there are multiple competing claims of ownership for a specific parcel of real property. Any number of documents recorded with the county clerk could cause a “cloud” on title which requires correction. Clouded title is often addressed through a court process known as a quiet title action. These actions can help correct forged or fraudulent deeds, adverse possession claims, or competing title documents. Learn more.

Residential Property Condition Disclosure Act (Non-Disclosure Disputes)

Oklahoma law requires sellers of residential properties to disclose certain information about the subject property’s physical condition. Disputes frequently arise when sellers fail to provide accurate or complete disclosures, the seller’s agent completes the disclosures for the seller, or the sellers skip the disclosures altogether. Buyers who discover that the seller had actual knowledge of undisclosed defects may pursue legal action against the seller. Learn more.

Transaction Disputes, Breach of Contract

Oklahoma real estate transactions are controlled by written contracts that outline the terms and conditions of the transaction. Breach of contract disputes occur when one party fails to fulfill their written obligations, such as failing to make a required payment, not delivering the property on time, or being unable to complete required renovations by a certain deadline. These disputes often result in legal action to enforce the contract or seek damages. Be careful – many written real estate contracts include mandatory mediation or arbitration clauses before legal action can be started. Learn more.

Subject-To Transaction Disputes

Subject-to transactions involve purchasing a property while leaving the existing financing in place; this often means the buyer takes over the seller’s mortgage. Disputes can arise if the sub-to buyer fails to make mortgage payments, which often leads to foreclosure by the lender. The most common legal issues in subject-to transactions involve strictly performing contract terms and the underlying mortgage obligations. Learn more.

Mortgage Foreclosure

Mortgage foreclosure disputes occur when a borrower defaults on their mortgage payments, leading the lender to seek the legal remedy of foreclosure, or forced sale of the property in order to satisfy the loan debt. Foreclosure can be challenged on various grounds, including procedural errors by the lender, predatory lending practices, or violations of homeowner protection laws. While there may be defenses available to the borrower, the lender is typically in a much stronger position and will be able to achieve the forced sale. Learn more.

Seller Finance, Default and Foreclosure

In seller-financed transactions, the seller acts as the lender, providing financing to the buyer. Disputes may arise if the buyer defaults on required payments or other terms, and the seller’s remedy is typically the same as an institutional lender – foreclosure. Legal issues can include the terms of the seller-financed agreement and compliance with relevant laws. Learn more.

Commercial Leasing Disputes (Commercial Landlords and Tenants)

Commercial landlord-tenant disputes encompass a wide range of issues, including rent disputes, lease violations, property maintenance disputes, and eviction proceedings. Resolving these disputes often involves interpreting lease agreements, actions of the parties, and navigating very specific laws that apply to commercial agreements. Learn more.

Construction Disputes

Construction disputes are very common between property owners and contractors, subcontractors, builders, architects, etc. These disputes may involve issues such as construction defects, delays, cost overruns, or disagreements over project specifications. Legal action may be necessary to seek damages, enforce contracts, or mediate disputes. Learn more.

Disputes Between Clients and Real Estate Agents or Brokers

Real estate agents and brokers are licensed professionals that owe certain duties to their clients, both because of private contracts with those clients as well as by state regulations from the Oklahoma Real Estate Commission (OREC). Disputes can arise when clients believe their agents or brokers breached their duties, engaged in misconduct, or failed to meet their contractual obligations. Legal actions can include claims of negligence, fraud, breach of contract, or breach of fiduciary duty. Learn more.

Real Estate Liens

A lien is a legal claim against property that serves as collateral for a debt or other obligation. Creditors have the right to place a lien on property under Oklahoma law to secure the creditor’s eventual repayment by the debtor, either through the sale of the collateral or other method. Some liens may be filed improperly, filed without permission to do so, or may be inappropriate in some other way that requires the owner of the liened asset to challenge the lien claim through litigation. Learn more.

Get Help Navigating Real Estate Disputes

The attorneys of Avenue Legal Group have the knowledge and experience you need to navigate even the most complex real estate disputes. Contact the firm by phone, text message, email, or on our website to get help.

Local Counsel in Oklahoma for Real Estate Disputes and Litigation

Looking for local counsel for a real estate matter in the state of Oklahoma? Our firm regularly works with attorneys, accountants, home office personnel, investors, lenders, and other contacts from outside the state. Contact us through your preferred communication method to discuss your matter.