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703-652-5506
McLean Real Estate Contract Dispute Attorneys
"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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Lawyers for Disputes Involving Residential Purchase and Sale Contracts in McLean, Virginia
During residential real estate transactions, buyers and sellers will enter into purchase contracts, and in some cases, they may encounter disputes over the terms of a contract or a party's failure to meet their legal obligations. Issues such as undisclosed defects, failure to follow the terms of an agreement, or misleading conduct by a seller or agent can lead to legal disputes. Because the outcomes of these disputes can have a serious financial impact on all parties involved, legal representation is crucial.
The attorneys at Fox & Moghul work with people in McLean who are facing disputes related to residential real estate purchase and sale contracts. We can provide the legal support needed to protect our clients' interests and make sure they can resolve these disputes successfully. With our experience in real estate litigation and our comprehensive knowledge of the laws that affect these cases, we can handle a wide range of real estate disputes in Northern Virginia's highly competitive property market.
Attorneys for Real Estate Purchase Agreement Disputes in McLean
The team at Fox & Moghul has extensive experience handling disputes arising from Northern Virginia Association of Realtors (NVAR) Residential Sales Contracts. Our clients can benefit from legal representation by attorneys who have handled a large number of cases and achieved successful results.
Our firm has received awards and recognition due to our leadership in the legal field. We provide education to other attorneys on these topics, including a continuing legal education (CLE) seminar titled "Examining A Real Estate Broker's Liability to the Purchaser In Residential Real Estate Transactions In Virginia." Because of our knowledge and our educational efforts in this area, Virginia Lawyer Magazine has recognized us as Leading Educators in Virginia Real Estate and Business Law.
Excellence Always
Common Disputes Related to Real Estate Contracts
Real estate purchase and sale contracts contain numerous terms, contingencies, and disclosures that must be honored by both parties. Disputes may arise due to misunderstandings, omissions, or outright misconduct. Some of the common issues that may lead to disputes include:
- Breach of Contractual Obligations: Parties may fail to comply with specific contract terms, including failing to make agreed-upon repairs, removing fixtures or appliances that were included in the contract, or violating inspection or financing contingencies. Our attorneys can assess whether a breach has occurred, and we can help our clients understand what remedies are available under Virginia law.
- Misrepresentations by Sellers or Agents: Disputes may be based on false or misleading statements made during the sale process. A property may be advertised as recently renovated when it was not. A seller may falsely claim that there are no known issues, or they may provide altered inspection reports or omit key findings. Sellers may make verbal assurances that contradict written disclosures. When these misrepresentations are material to the transaction, the buyer may have a legal claim for fraud or breach of contract.
In some cases, it may be possible to resolve disputes through negotiations between the parties. Our lawyers can address disclosures, inspection reports, contingencies, and other issues, helping to protect our clients' rights. In cases where disputes cannot be resolved, we can help clients terminate contracts and transactions successfully, or we can provide representation during litigation.
Caveat Emptor in Virginia: Buyer Beware, With Limits
Virginia follows the common law doctrine of caveat emptor—or "let the buyer beware"—in real estate transactions. This means that, in most cases, the burden is on the buyer to discover defects through inspections or reviewing public records.
Under a standard NVAR Residential Sales Contract, the seller typically provides a "Disclaimer Statement" affirming that the property is being sold "as-is" and that the seller makes no representations or warranties as to the condition of the property. While this may provide the seller with some protections, sellers are not allowed to:
- Prevent buyers from discovering issues, which is known as "diversion"
- Make false representations in property listings, disclosure forms, or other communications with buyers
Buyers who rely on such misrepresentations and suffer financial harm may take legal action against a seller or broker to address fraud or other illegal actions. Our attorneys work with clients to address these issues and make sure sellers or brokers will be held responsible for illegal actions.
Fraud and Concealment in Real Estate Transactions
Fraudulent behavior by sellers or real estate professionals can lead to serious legal consequences. Fraud involves knowingly making false representations of fact in order to cause someone else to take actions. If the other party relies on a person's misrepresentation of facts and suffers harm as a result, they may take legal action to address fraud and recover compensation for their damages. Examples of actionable fraud or concealment in real estate transactions may include:
- Misrepresenting to the buyer that the roof is stable and secure
- Using staging or cosmetic coverups to intentionally obscure defects
- Tampering with inspection reports or directing inspectors away from problematic areas
- Denying access for inspections
When a seller or broker engages in conduct intended to mislead or prevent the discovery of a material defect, they may be held liable for the buyer's actual damages. In some cases, courts may also impose punitive damages. The attorneys at Fox & Moghul are experienced in identifying evidence of fraud and taking aggressive action on behalf of buyers to ensure that their financial interests are protected.
Contact Our McLean Residential Real Estate Contract Dispute Lawyers
Whether you are involved in a contract dispute as a buyer, seller, or real estate professional, the lawyers at Fox & Moghul can provide the legal representation you need to protect your rights and resolve these issues effectively. Contact our McLean, VA real estate contract litigation attorneys at 703-652-5506 to schedule a consultation.
