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703-652-5506
Arlington, Virginia Real Estate Contract Dispute Lawyers
"If you need to buy a property in VA please consult with this firm. I did today and Attorney Moghul opened my eyes regarding the contract that I had received. I highly recommend the services of this law firm."
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Attorneys Assisting With Disputes Involving Residential Purchase Agreements in Arlington
Whether buying a home, selling an investment property, or managing a high-stakes purchase on behalf of a trust or estate, the parties involved in a real estate transaction may take steps to protect their rights and make sure the deal can be completed quickly and efficiently. Unfortunately, not all transactions proceed as planned. Contract disputes can arise for a wide variety of reasons, and the financial implications of these disputes can be substantial. To resolve these disputes effectively, it is crucial to work with an attorney who knows how to protect their clients' financial interests.
At Fox & Moghul, we provide strategic legal support to homeowners, buyers, sellers, and brokers in Virginia who are involved in real estate contract disputes. We have multiple decades of experience in matters involving real estate law, contractual matters, and business litigation. We understand the role that Northern Virginia Association of Realtors (NVAR) contracts play in transactions, and we have achieved victories on behalf of numerous clients in real estate litigation. We can provide the legal help and representation needed to resolve disputes successfully
Benefits of Working With Our Arlington Real Estate Contract Dispute Attorneys
Real estate contracts are complex legal instruments that govern the rights and obligations of buyers and sellers. When disputes arise, our lawyers can help protect our clients' interests by carefully reviewing the language of contracts, assessing the facts and timelines of transactions, and determining whether issues may be resolved through negotiation, mediation, or litigation.
We have the skills and experience needed to help our clients resolve disputes as efficiently as possible while protecting their financial investments. Our attorneys do not just represent clients in matters related to real estate law and litigation; we educate others in the legal field about these issues. Faisal Moghul and Terry Fox have created a continuing legal education seminar titled "Brokers' Liability to Purchases in Virginia Residential Real Estate Transactions," which has helped attorneys and judges throughout the state understand the laws that apply in these cases.
Excellence Always
Common Causes of Residential Real Estate Contract Disputes
Buyers and sellers may encounter contract disputes before, during, or after the closing of a residential transaction. Some of the most frequent causes of these disputes include:
Breach of Contract Terms
A party may fail to perform their contractual duties. For example, the seller may not vacate the property by the agreed-upon date, the buyer may fail to deliver earnest money or secure financing, or either party may fail to meet deadlines for inspections or appraisals. Even seemingly minor breaches can trigger major disagreements, particularly when they prevent a transaction from proceeding or affect an owner's ability to occupy and use their property
Undisclosed Defects or Safety Issues
After closing, a buyer may discover that the property has hidden defects, such as mold, foundation damage, outdated or dangerous electrical wiring, or significant water intrusion issues. If the seller diverted the buyer's investigation of these problems, this may constitute a breach of the seller's disclosure obligations. In some cases, it may even be considered fraud. If a seller provides inaccurate information or conceals known hazards, they may be liable for damages suffered by the buyer.
Fraud and Misrepresentation by Sellers or Brokers
A buyer may enter into a real estate contract based on false representations made by a seller or real estate agent. Fraud can include providing false statements about the condition of a property, omitting material facts, or creating deceptive marketing materials. Virginia law (18VAC135-20-300) recognizes several types of misrepresentation, including bait and switch tactics or intentional failure to disclose material facts. A buyer may take action to recover losses that they have suffered due to a seller's fraud.
Real estate brokers may also face liability if they fail to fulfill their duties of honesty and fair dealing. Under Virginia law, licensed real estate professionals owe clients a duty of loyalty and care. When these duties are breached through carelessness, misleading statements, or intentional omissions, the injured party may take legal action to address the damages they have suffered.
Caveat Emptor in Virginia Real Estate Transactions
The traditional legal principle of caveat emptor, which is Latin for "let the buyer beware," plays a role in real estate transactions. Under caveat emptor, buyers are expected to conduct reasonable inspections and due diligence before finalizing a purchase. This includes obtaining a home inspection, reviewing disclosure documents, and asking informed questions.
However, caveat emptor does not give sellers or brokers free rein to mislead or conceal information. Virginia law places specific limits on how far this doctrine can be applied. If a seller knowingly conceals a defect, actively misrepresents the condition of the property, or takes steps to prevent a buyer from discovering defects prior to the transaction, the doctrine will not shield them from liability.
For example, if a seller conceals evidence of water damage in a home's basement and does not inform the buyer about a chronic flooding problem, that conduct may constitute fraudulent concealment. Similarly, if a broker informs the buyer that a home's roof is "brand new" when it is not, and the buyer relies on that statement when making their purchase, this may be considered misrepresentation.
Due diligence remains critical, but buyers in Virginia can take steps to address violations by sellers and brokers that have led to financial losses. Our attorneys can help address the harm caused by unlawful conduct during a transaction, making sure our clients are made whole.
Contact Our Arlington, VA Residential Real Estate Contract Dispute Attorneys
If you are involved in a real estate transaction that has taken a wrong turn, the attorneys at Fox & Moghul are here to help. We have a comprehensive understanding of the laws that affect real estate transactions and purchase contracts in Virginia. Whether providing representation for buyers, sellers, or brokers, we will work to resolve disputes as efficiently as possible while protecting our clients' best interests.
Contact our Arlington real estate contract litigation lawyers at 703-652-5506 to set up a consultation. We will advise you of your rights, help you evaluate your options, and make sure you are prepared to take the next steps toward resolving your dispute.
