What do you need to know if you’re facing a real estate lawsuit? Find out now from experienced real estate litigation lawyers.
Real estate litigation lawyers provide a variety of services. These services include counseling and assisting clients on matters of real estate law. However, they don’t involve the courts in most cases. Real estate negotiations and transactions usually proceed more smoothly without litigation. This is because courts are more concerned with justice than business efficiency.
Real estate professionals may still need to address litigation on occasion. This scenario often occurs when a client is facing a lawsuit for breach of contract. Another example is a government agency that’s misapplying the law. Real estate attorneys don’t typically recommend litigation at the slightest injustice. Qualified and experienced attorneys carefully weigh benefits against risks when considering a lawsuit.
Managing a client’s expectations is one of the most important jobs of a real estate attorney. Clients facing litigation may feel they don’t need to do anything more than tell their story. Furthermore, clients who commence litigation are often eager for vindication. They often believe that litigation will provide a speedy remedy for their grievance.
Litigation can result in a prompt resolution under the right circumstances. However, this result is more the exception than the rule. It usually takes longer and costs more than most clients expect. Attorneys often need to realign their clients’ expectations. This step is essential for developing a strategy that results in a favorable outcome.
Realistic Cost Estimate
A real estate attorney should also provide clients with a realistic view about costs. Litigation should include a budget, but that budget always has caveats. This is because attorneys have little control over what the opposing party imposes and attorneys can’t control what the court may require of them.
The total cost of litigation also involves more than the attorneys’ fees. Real estate cases often require investigation and expert testimony. These experts may include appraisers, surveyors, and title companies. Furthermore, clients are often witnesses in these cases. Testifying takes time away from running their business, which also has a cost.
It’s possible for courts to act with surprising speed in real estate cases. This is usually the result of the case having the right expedient circumstances. However, a client’s desire for a prompt resolution isn’t a basis for expediency by itself. The time between the start of litigation and the final judgment may take years.
An appeal can take at least as much time as the original decision, even if it fails. A successful appeal could mean that the appellate court returns the case back to the trial court. This outcome would mean the case has to start over with a new trial.
Find out more of what you need to know about real estate litigation lawyers by clicking or calling the Wilbanks Law Firm, P.C. at (706) 335-2355.