Finding the right real estate litigation attorney for your legal problems can make your life a lot easier.
If you’re facing a lawsuit concerning real estate, you probably need a qualified real estate litigation attorney. But how do you find the right one for your needs? There are usually many practicing real estate lawyers to choose from, so here are a few things to be aware of when conducting your attorney search.
Litigation Versus Transaction
Real estate law consists of two primary areas of practice: transaction and litigation. Transaction-based real estate law is where the attorney provides legal advice on how to conduct a real estate transaction in compliance with relevant laws and rules. A transaction real estate attorney will also help identify potential legal issues or concerns to address before going through with a real estate deal.
Generally speaking, real estate transactions are not very adversarial. Both sides are trying to work together to accomplish the common goal of making the real estate transaction happen. Each side will want to protect itself legally, but both sides can “win” in a real estate deal.
On the other hand, a real estate litigation attorney deals with real estate legal issues that have risen to the level of a lawsuit, or a potential lawsuit. Here, both sides can’t win; the only way for one side to win is for the other side to lose. Therefore, litigation is inherently adversarial and often very contentious, with the sides angry with each other. It’s these types of disputes where a real estate litigation attorney is well suited.
Types of Real Estate Litigation
Real estate litigation is common in two areas of real estate: commercial and residential. Sometimes, commercial real estate litigation is a specific type of business law. As the names imply, commercial real estate deals with commercial or business-related properties while residential real estate deals with personal properties, such as homes.
The biggest difference between residential and commercial real estate is the amount of money usually at issue. Sure, there are other legal issues to be aware of, but ultimately the biggest difference comes down to the size of the legal dispute. Another smaller difference is that residential real estate litigation is more likely to have personal conflicts come to light, although this isn’t an absolute rule.
Choosing a Real Estate Litigation Attorney
When deciding on which real estate litigation attorney to choose, it’s best to find one that has the most experience dealing with your type of real estate problem. For instance, if you’re dealing with a commercial real estate dispute, such as a breach of a rental lease, you probably want to find an attorney who spends most of his or her time working on commercial real estate litigation cases, especially landlord-tenant issues.
On the flip side, if you have a lawsuit concerning residential or non-commercial property, it’s nice to find an attorney who has the most experience with those types of cases. They will be best suited to handle the type of legal questions and procedures that commonly arise in those cases.
Have questions about choosing a real estate litigation attorney? Click to contact the Wilbanks Law Firm, P.C. online.