Memphis Real Estate Litigation Attorneys
Lawyers For Buyers, Sellers, Owners, and Inheritors of Real Estate Property in Shelby County
When real estate transactions go according to plan, it is usually clear who holds ownership of the property. However, when disputes over ownership arise, perhaps due to a breach of the purchase contract, a situation involving multiple owners, or uncertainty surrounding possession of the title, it is crucial to resolve the issues as soon as possible given the often high value of the assets at stake.
At Douglass & Runger, Attorneys at Law, we represent clients throughout Shelby County in a wide range of real estate disputes to ensure their interests are protected. Local real estate agents recognize the quality of our services and refer their clients to us, and you can rest assured that we are capable of handling even the most complicated real estate law matters.
Litigation for Breach of Real Estate Purchase Contract
A purchase or sale contract is important to ensure that both the buyer and seller understand their rights and responsibilities in order to complete the transaction. A number of actions on the part of the buyer or seller can be considered a breach of contract, including:
- A seller failing to make all required disclosures about the property
- A seller misrepresenting information about the property
- A seller refusing to turn over the property after signing the contract
- A buyer failing to obtain financing or fulfill other contingencies of the sale
- A buyer walking away from the sale without cause after signing the contract
We represent both buyers and sellers in breach of contract cases, and we can advise you on your best course of action and the outcome you should pursue, whether that is an order for specific performance requiring the seller to complete the sale, financial compensation for your losses, or a resolution regarding what should be done with funds that either party has deposited in escrow.
Disputes Among Co-Owners in Tennessee
In Tennessee, when real estate property is co-owned by multiple parties, all co-owners are considered to have equal rights and responsibilities regarding the property, including a share in any profits and the obligation to contribute to property taxes and maintenance expenses. Disputes often arise in cases in which siblings or other family members have jointly inherited property from a deceased parent and disagree as to how it should be used.
If you wish to end your co-ownership arrangement, you can file a petition for partition in your county court, which requires that the property be divided among all co-owners. The court is obligated to honor this request and will determine whether a partition in kind is possible, which means that the property itself will be divided. If this is not feasible or would result in economic losses for all parties, the court can order a partition by sale, in which the property is sold and the proceeds are divided between the co-owners.
We can represent you whether you are the co-owner initiating the partition or one of the other parties involved. You may be entitled to a greater share in the division of property if you have invested more in the property than the other co-owners or contributed more to maintenance costs, or if one of the other co-owners has withheld profits from you.
Memphis Quiet Title Resolutions
Legal challenges can also arise when possession of the title to a real estate property is uncertain, which may be the case when the owner of a property dies without a will, when a property has been left vacant for a long period of time, or when a property is purchased in a foreclosure or estate sale. If you want to solidify your interest in a property and ensure that the title is in your name, you can file an action to quiet title.
Quiet title cases are handled in county court and require that you notify all parties who may have an interest in the property, which may mean publishing a notice in a local newspaper if not all parties are known. We can help you negotiate with other parties or pursue your desired outcome in court. If you obtain a judgment in your favor, your right to the property will be secured, meaning that you can purchase title insurance, obtain a mortgage on the property, or sell it.
Contact a Bartlett, TN Real Estate Attorney
When your property is at stake, you do not have to handle the legal process on your own. Our experienced real estate litigation attorneys will advise and represent you to ensure a fair outcome and protect you from financial hardship. Contact us today at 901-388-5805 for a free phone consultation regarding your real estate dispute in Memphis, Bartlett, Collierville, Arlington, Millington, Lakeland, Germantown, or throughout Shelby County and the surrounding areas.