In addition to assisting clients, with preparation and prevention of loss, most worthy real estate trial lawyers pride themselves in the litigation phase. Which raises the question, what is the difference between trial and litigation? Many people think of them as the same thing.
However, litigation is more the general description of all of the motion work and other collateral and evidentiary matters that must be handled throughout the case. Trial is merely one phase of the litigation process that disposes of the case, absent appeals or re-trials.
Our attorneys have litigated numerous real estate cases and have obtained favorable results for many clients. We know the ins and outs of working up a case involving a real property transaction, and we often find creative ways to get you compensated through insurance or through settlements or taking judgment against the seller of the real estate.
In addition to bringing a lawsuit against the seller, our attorneys are aware that the real estate agents involved in the transaction often could have prevented the need for litigation if they would have just acted with diligence.
Because Missouri statutes require real estate agents to adhere to certain standards and carry out a number of different duties to their clients, the law holds that the agents’ failure to do so places them in a position of culpability.
If the real estate agent is culpable, they often are responsible for some or all of the liability incurred by the buyer and/or seller of the real estate.
Because issues arise quite frequently during real property transactions, real estate agents are required to have errors and omissions insurance to specifically address such failures.
An aggrieved buyer or seller should avail themselves of the errors and omissions insurance held by the real estate agent. That’s an important reason for lawyers to always consider bringing the realtors as well as the brokerage firms into the litigation if the facts lend to such causes of action.
This is just one potential avenue, among many, that our real estate attorneys use to help our clients recover.
If you’ve experienced a loss during a real estate transaction, please contact one of our litigation attorneys here.