According to REDFIN, as of August 2022, Ohio is experiencing an 11.7% decrease in listed residential homes based on year-to-year figures. Less inventory could mean more competition for buyers to stand out. Parties may cave to the pressure, leading them to waive contingencies that would be in their best interests. In turn, tensions may rise, leading to misunderstandings, hasty agreements, and real estate disputes.
An Ohio real estate litigation attorney represents parties during a real estate dispute and helps them negotiate a settlement or argue the case at trial.
Aaron Bensinger is a veteran commercial and residential real estate lawyer. He understands what’s at stake and how to navigate the sometimes complex realm of real estate law. Aaron will work with you to understand what happened and what “success” looks like for you.
What Are the Different Types of Real Estate Litigation Cases?
Disputes involving real estate can stem from many circumstances.
Real estate litigation cases encompass situations such as:
- Breach of residential or commercial real estate contract,
- Boundary disputes between neighbors,
- Disagreements over property ownership,
- A building or new construction contract dispute,
- An encroachment or easement disagreement,
- Eminent domain cases,
- Homeowners’ Association (HOA) or restrictive covenant violations, and
- Private nuisance legal claims.
Aaron handles a variety of real estate litigation cases. Clients praise him for “going above and beyond” to fight for his clients and for providing “outstanding” legal help. Aaron gladly takes those extra steps to make his clients feel valued.
What Happens During a Real Estate Lawsuit?
Being involved in a real estate lawsuit can sound daunting and confusing. You might hear people mention unusual terms, and you could easily come to feel overwhelmed. We’re here to demystify the process.
A real estate lawsuit has four main stages: filing a claim, conducting discovery, engaging in settlement negotiations, and going to trial. If the parties successfully come to an agreement at the settlement phase, the case usually doesn’t go to trial.
Filing a Real Estate Lawsuit
Filing a claim involves understanding whether or not you have a valid legal case against someone. To do this, you can conduct online research or consult a real estate attorney in Ohio. Talking to a real estate attorney can be the most effective way to understand and protect your rights because they know things from experience that you just cannot find online. Real estate attorneys like Aaron can evaluate your claim, gather evidence, and ensure that you comply with the applicable deadlines. The deadline for filing a lawsuit is called the statute of limitations. Ohio law requires plaintiffs to file a lawsuit within four to 21 years, depending on the type of real estate claim involved. Exceptions could apply that shorten or lengthen this deadline.
During the discovery phase, the parties ask each other written questions called interrogatories. They also submit written requests for information or documents, called requests to produce. At this stage of the case, the parties also conduct out-of-court witness interviews that are referred to as depositions.
The purpose of the discovery process is to uncover the basic facts of the case and to allow the parties to assess their case’s strengths and weaknesses before proceeding to negotiations.
Settlement negotiations can occur anytime before the trial. Once the trial begins, the parties typically can’t start or resume attempts to settle the case. But exceptions might apply.
During settlement talks, the parties try to reach an agreement on how to resolve the dispute without the expense and time burden of taking the case to trial.
Going to Trial
If the parties cannot reach an agreement, the case goes to trial. At trial, the parties present their case to a judge or a jury. They call witnesses to testify and introduce evidence to support their claim or refute the opposing party’s claim. After they present evidence, they make their arguments to the trier of fact (judge or jury)—who then decides the case.
Going to trial can be confusing and very difficult for you to handle on your own. A courtroom is an unfamiliar place for most people. And if you are not trained in the law or rules of evidence, going to trial and succeeding can be nearly impossible. Even if you do have some legal training, being personally invested in the outcome makes arguing a case successfully even harder.
A real estate litigation lawyer eases this burden. They are trained and know how to prepare for trial and argue the case on your behalf.
Contact the Ohio Real Estate Litigation Attorney at Bensinger Legal Services
Call Bensinger Legal Services at (419) 455-1410 or send an online message to schedule your consultation if you’re involved in a property dispute. Real estate litigation cases can be complex. Our team has years of experience successfully litigating a wide range of real estate cases. If you’re involved in a property dispute, you need a trained eye to help you see it through.
Aaron is one of the best Ohio real estate attorneys serving the Greater Northwest Ohio area. Super Lawyers recognized Aaron as a Rising Star in 2014 and 2015. He makes it his mission to not only work in the communities he serves but to give back.