One area of concentration for The Meazell Firm is real estate disputes and litigation. Our firm handles lawsuits for plaintiffs and defendants for specific performance, declaratory judgment, rescission, the imposition of constructive trusts, disputes involving real estate brokers, landlord tenant disputes, contract for deed issues, option contract disputes, real estate partnership termination and dissolution.
Often the overriding issue in real estate litigation is the timing of the disposition of the lawsuit. As in all lawsuits, real estate litigation requires formulating strategy, implementing it and being able to change it as circumstances dictate. Prevailing in a lawsuit for specific performance two years after filing may be a hollow victory if financing has expired, prospective buyers or tenants have gone elsewhere, or if other factors prevent a satisfactory result. Sometimes these types of lawsuits lend themselves to resolutions other than the mere payment of money, such as negotiating a right of first refusal, paying a percentage of a higher sales price to the alleged aggrieved party when the property is resold or providing additional listing agreements in exchange for a discount on the brokerage commission due. A variety of creative solutions must be examined, considered and pursued prior to all-out litigation.
An experienced attorney knowledgeable in real estate is not necessarily an experienced real estate litigator. Our firm has seen real estate lawsuits tried by attorneys not experienced in real estate litigation and the results were devastating. Choosing an experienced real estate litigator is critical to mounting the best defense or prosecution of a lawsuit so that the chances of success may be improved and no issue remains untouched.
Homeowners associations have been given considerable authority over the homeowners in the association. However, the authority of the homeowners association has recently been limited by enactment of the Texas Residential Property Owners Protection Act. Whether you are on a board of directors for a homeowners association and need guidance on issues affecting the homeowners association or you are an owner of property subject to a homeowners association and are facing fines or penalties by the association, acting without legal advice may result in substantial financial damages.
The law on restrictive covenants has vacillated back and forth giving more authority to homeowner associations and then more protection for the homeowner who owns real property subject to a Declaration of Covenants. Understanding the breadth and narrow passages of this law is instrumental in navigating a course that may prevent catastrophic results. Our firm has represented homeowners whose properties have been foreclosed upon and other clients whose improvements have been ordered destroyed. Obtaining an experienced attorney is crucial to avoiding the uncertainty of result in this area of the law.
- Breach of Real Estate Contract
- Condominium Association Disputes
- Homeowners Association Disputes
- Title Disputes
- Specific Performance
- Property Line Disputes
- Landlord Tenant lawsuits
- Issues Related to a Contract for Deed
- Option Contract Breaches Related to the Purchase of Real Estate