A Full-Service Real Estate Law Firm in Annapolis, MD
Anyone who is involved with real estate knows there is plenty that could go wrong with a transaction. And when things don’t go as planned, the stakes are often high when a legal battle ensues.
You don’t have to be represented by an attorney in Maryland during a real estate transaction. However, hiring an experienced real estate lawyer can save you money, time, and grief in a process that could result in prolonged litigation. A seasoned attorney can ensure that a property you want to buy can be sold or that a contract fully protects your rights.
At Evans Law, we provide real estate litigation representation throughout Maryland’s counties. We protect the interests of our clients through a combination of our extensive litigation experience and strong business know-how.
Clients We Serve
The real estate market is cyclical, and the one in this area has experienced more than its share of challenges in recent years. Whether the market is considered up or down, it continues to evolve and develop, and we have seen robust activity over the past decade.
Our experienced real estate attorneys help clients with dispute resolutions and provide them with the resources they need to achieve goals such as saving money and gaining a competitive advantage in this market.
Our practice is well-positioned to protect the interests of homeowners, landlords, real estate investors, brokers, appraisers, property managers, title insurers, commercial developers, and other industry-related concerns with a broad range of interests and needs.
Real Estate Litigation Cases We Handle
If you’re dealing with a dispute, there is generally a pathway to resolution, although this isn’t always clear. This is where we can help. Our attorneys can handle virtually any sort of real estate litigation matter, including those related to:
When you’re entangled in a real estate dispute, the path to resolution can often seem like a winding, overgrown trail. It’s during these challenging times that legal guidance becomes not just helpful, but essential. Our firm is dedicated to navigating the complexities of real estate litigation, offering a clear and strategic pathway to protect your interests. Our attorneys are adept at handling a vast spectrum of real estate matters, ensuring that whether your issue is common or exceptionally unique, you have a powerful advocate on your side.
Real Estate Acquisition Disputes
The process of buying and selling real estate, while seemingly straightforward, is a fertile ground for disputes that can swiftly derail a transaction. From the initial handshake to the final closing, numerous pitfalls can emerge, threatening to undo months of negotiation and investment. Our legal team can help resolve all types of real estate litigation issues related to purchase and sale agreements.
This includes disputes arising from for-sale-by-owner transactions, where the absence of traditional broker involvement can sometimes lead to misunderstandings or unfulfilled obligations.
Beyond simple sales, we also handle litigation stemming from development agreements. These complex contracts, often involving multiple parties and significant financial stakes, can lead to disputes over timelines, construction standards, funding, and regulatory compliance. Similarly, option agreements, which grant a party the right, but not the obligation, to purchase a property within a specified period, can become contentious when terms are ambiguous or conditions are not met.
Furthermore, land use and zoning disputes are a significant area of concern in real estate acquisition. These disputes often involve disagreements with local government entities or neighboring property owners regarding how a piece of land can be developed or utilized. Such conflicts can arise from challenges to zoning variances, special use permits, or environmental regulations.
For instance, a developer might face opposition from local residents over the height or density of a proposed building, leading to costly delays and potential project abandonment.
We represent clients in these intricate matters, working to ensure that your acquisition goals align with legal and regulatory frameworks, and fighting to protect your right to develop or use your property as intended. We understand the nuances of local ordinances and state laws, enabling us to provide robust representation in administrative hearings and, if necessary, in court.
Property Construction and Renovation Litigation
Construction and renovation projects, while exciting and transformative, are inherently complex endeavors that often give rise to a myriad of legal challenges. Our firm frequently steps in to assist clients with litigation involving construction and renovation projects, helping to untangle disputes that can halt progress and inflate costs.
These issues commonly involve problems with contract and subcontractor agreements. For example, a general contractor might face a dispute with a subcontractor over the quality of work performed, adherence to specifications, or payment terms. Conversely, subcontractors may encounter issues with late payments, scope changes, or unfulfilled promises from the general contractor or property owner.
A significant area of contention within construction litigation revolves around related liens, specifically mechanic’s liens.
When a contractor or subcontractor isn’t paid for their work, they may file a mechanic’s lien against the property, which acts as a legal claim against the asset and can significantly complicate or even prevent a sale or refinancing.
We represent both parties in such disputes: property owners seeking to remove or challenge invalid liens, and contractors or material suppliers striving to enforce their right to payment through a legitimate lien.
Our legal team meticulously reviews contracts, change orders, and payment records to build a strong case, whether it’s defending against an unjust claim or aggressively pursuing payment for services rendered.
We understand that construction projects often involve tight deadlines and significant financial investment, and we work diligently to resolve these disputes efficiently, minimizing disruptions and protecting our clients’ financial interests.
Property Management Disputes
Effective property management hinges on clear agreements and diligent execution, yet disputes are an unfortunate reality for both property managers and absentee owners of residential or commercial properties.
A well-drafted contract should meticulously assign responsibilities, delineate expectations, and, critically, guarantee payment for services rendered.
However, when the terms of these agreements are breached or misinterpreted, conflicts inevitably arise. Our legal team is dedicated to helping clients navigate these often-sensitive disputes and protect their financial and operational interests.
For property managers, disputes can involve issues such as an owner’s failure to pay management fees, disagreements over the scope of services, or claims of negligence in property upkeep.
On the other hand, absentee owners may find themselves in disputes with property managers concerning mishandling of funds, failure to adequately maintain the property, unauthorized repairs, or inflated expenses.
We provide comprehensive legal support in resolving these matters, whether through negotiation, mediation, or aggressive litigation. Our goal is to enforce contractual obligations, recover damages for breaches, and ensure that the property’s value and income potential are not jeopardized by unresolved conflicts.
We meticulously analyze contracts, financial records, and communication logs to build a compelling case, aiming for an efficient resolution that safeguards our clients’ long-term interests in their property investments.
Real Estate Agents and Brokers Litigation
The process of buying, selling, or renting a property is inherently stressful, and individuals and businesses alike place considerable trust in real estate agents and brokers to guide them ethically and competently through this labyrinthine process.
These professionals are bound by a complex web of regulations, ethical standards, and fiduciary duties designed to protect their clients. However, when an agent or broker breaches these established regulations, or acts negligently, fraudulently, or in bad faith, and you suffer harm as a result, you may have a legitimate right to seek recovery.
We represent clients who have been negatively impacted by the misconduct of real estate agents and brokers. This can encompass a wide range of issues, including misrepresentation of property features, failure to disclose known defects, breach of fiduciary duty, undisclosed conflicts of interest, illegal kickbacks, or negligence in handling escrow funds.
For instance, an agent might falsely assure a buyer that a property is zoned for commercial use when it is not, leading to significant financial losses for the buyer. Or, an agent might prioritize their own commission by steering a client towards a less suitable property they have a personal interest in.
We meticulously investigate the agent’s conduct, reviewing all relevant documentation, communications, and industry standards to build a robust case. Our aim is to hold negligent or unscrupulous agents and brokers accountable for their actions and to recover the financial damages our clients have incurred.
We also assist with land sale contracts, ensuring that the intricacies of these agreements are handled properly and that all parties adhere to their contractual obligations, preventing future disputes.
Litigation Involving Banks
In the intricate world of real estate finance, disputes often arise between borrowers and financial institutions. Our litigators possess a legal understanding of banking practices and have a proven track record of helping clients settle and litigate complex disputes related to various financial instruments.
We routinely handle cases involving promissory notes, which are legally binding agreements detailing the terms of a loan. Disputes can arise over interpretation of terms, alleged breaches, or challenges to the validity of the note itself.
Similarly, commercial loan agreements are a frequent source of contention, often involving disagreements over interest rates, repayment schedules, default provisions, or compliance with covenants.
We also represent clients in disputes concerning deeds of trust, which are used in many states as a security instrument for real estate loans, similar to a mortgage. Issues can arise regarding their proper execution, priority, or the circumstances under which a trustee can initiate a trustee sale (foreclosure).
Furthermore, we provide legal counsel for matters involving personal guarantees, where an individual personally pledges assets to secure a business loan. When a business defaults, banks often pursue the guarantor, leading to disputes over the validity or enforceability of the guarantee.
Assignments of rent, which grant a lender the right to collect rents directly from tenants if a borrower defaults, can also lead to litigation if there are disagreements over their activation or proper application of funds.
Finally, we assist clients with deficiency actions, which occur when a foreclosure sale does not generate enough funds to cover the outstanding loan balance, and the lender seeks to recover the remaining “deficiency” from the borrower.
Our team is adept at analyzing financial documents, negotiating with banks, and, when necessary, aggressively litigating to protect our clients’ financial well-being against the significant resources of large financial institutions.
Landlord-Tenant Disputes
Disputes between landlords and tenants are among the most common legal conflicts in real estate, often requiring the strategic intervention of a third party to achieve a fair and effective resolution. These conflicts can stem from a wide array of issues, making clear communication and legal understanding paramount. Our firm has extensive experience helping clients navigate these challenging situations, focusing on efficient and equitable outcomes.
A significant portion of our work involves eviction proceedings, which are often contentious and emotionally charged.
Whether you are a landlord needing to regain possession of your property due to unpaid rent, lease violations, or nuisance behavior, or a tenant facing an unjust eviction, our attorneys provide vigorous representation. We ensure that all legal requirements for eviction notices and court filings are meticulously followed, protecting our clients from procedural errors that could jeopardize their case.
Beyond evictions, we also assist with intricate issues related to lease interpretation. Lease agreements can be complex documents, and ambiguities often lead to disagreements over rent increases, responsibility for repairs, property maintenance, security deposit returns, tenant’s rights to quiet enjoyment, or permission for alterations.
We meticulously analyze lease terms, local ordinances, and relevant case law to provide clear guidance and advocate for our clients’ rights. Our goal is to resolve these disputes efficiently, whether through negotiation, mediation, or, if necessary, litigation, ensuring that both landlords can maintain their property investments and tenants can reside in their homes without undue burden.
Title Disputes
When a title dispute arises, it can be one of the most frustrating obstacles to a successful real estate transaction, holding up closings and jeopardizing significant investments. A clear title is fundamental to property ownership, and any cloud on that title can lead to serious legal complications.
Our real estate attorneys can identify, analyze and resolve a wide array of title issues, working diligently to clear the path for your property interests.
We frequently help clients with disputes concerning property lines. These can involve disagreements over where one property ends and another begins, often leading to conflicts over fences, driveways, or encroachments.
Similarly, easements are a common source of title disputes; these grant someone the right to use another person’s land for a specific purpose (e.g., a shared driveway or utility access), and disagreements can arise over the scope, location, or validity of such rights.
Adverse possession cases, where a party attempts to claim ownership of land by openly, notoriously, and continuously occupying it for a statutorily defined period, are also within our practice.
These are often complex and require detailed historical research and legal argumentation. Furthermore, we handle trespass claims, which involve unauthorized entry onto property, and more broadly, quiet title actions.
A quiet title action is a legal proceeding initiated to establish a party’s ownership of a property, thereby removing any conflicting claims or “clouds” on the title. This is often necessary when there are old, unresolved claims, errors in public records, or disputed heirships. Our thorough approach involves examining historical deeds, surveys, and public records, combined with strong advocacy in court, to ensure your property rights are firmly established and protected.
HOA Disputes
Homeowners Associations (HOAs) and Condominium Associations are designed to maintain community standards and property values, but they are also frequent arenas for disputes.
Our firm routinely represents parties involved in these often-complex and emotionally charged conflicts, understanding that these can impact an individual’s home and quality of life. These disputes can range from relatively straightforward disagreements over the enforcement of dues and assessments to much more intricate and serious issues.
Common HOA disputes involve challenges to excessive fines, disagreements over common area maintenance, architectural review board decisions, or alleged violations of community rules and regulations, such as parking restrictions or pet policies. For example, a homeowner might dispute a fine for a landscaping violation they believe is unwarranted, or challenge an HOA’s decision to deny their request for a home alteration.
However, the scope of HOA disputes can extend to more severe matters, including evictions (in cases where an HOA has the authority to evict tenants for certain rule violations or for non-payment of dues by a landlord owner) and even issues involving criminal conduct within the community that the HOA may or may not be addressing appropriately.
Our legal team provides comprehensive representation for homeowners, board members, and associations themselves, ensuring that rights are protected and obligations are met. We help interpret complex CC&Rs (Covenants, Conditions, and Restrictions) and bylaws, mediate conflicts, and, when necessary, litigate to achieve a fair and legally sound resolution, preserving the harmony and value of the community.
Negligent Design Litigation
Negligent design is a critical legal issue that can span a variety of industries, impacting the safety, functionality, and value of real estate. At its core, negligent design occurs when a building, structure, or system is designed in a way that falls below accepted professional standards, leading to defects or hazards. Building codes, established to ensure sound design and construction practices, serve as fundamental benchmarks for what is considered acceptable. Unfortunately, some projects inevitably “slip through the cracks,” resulting in designs that create significant problems for owners and tenants.
These issues can manifest in various forms, including problems related to accessibility (e.g., designs that fail to comply with ADA standards, making spaces unusable for individuals with disabilities), structural integrity (e.g., flawed foundational designs leading to cracks, settling, or even collapse), and environmental impact (e.g., designs that lead to poor ventilation, mold growth, or inefficient energy use). Such design flaws can affect both the owners and tenants of new and existing properties, causing substantial financial burdens for repairs, health issues for occupants, and diminished property value.
Litigation involving negligent design can be a highly complex matter, often requiring expert testimony from architects, engineers, and building code specialists.
Our firm can thoroughly investigate design plans, construction documents, and professional standards to identify where negligence occurred. We represent clients seeking to hold designers, architects, and engineers accountable for their professional shortcomings, striving to recover damages for the significant costs associated with correcting these fundamental design flaws and ensuring the safety and usability of the affected properties.
These detailed categories merely scratch the surface of the vast and varied landscape of real estate disputes. From the initial acquisition of land to the ongoing management and potential redesign of properties, real estate is a dynamic field ripe with potential legal challenges.
Our attorneys are familiar with the common types of disputes but also possess the profound background, extensive resources, and innovative problem-solving skills necessary to handle even the most obscure or unprecedented issues that may arise. If you are grappling with any real estate-related conflict, no matter how unique or complex it may seem, we strongly urge you to contact us to discuss your specific situation and explore how our dedicated legal services can provide the clarity and resolution you need.
The Tenacity and Discipline to Get the Best Possible Results
When it comes to approaching real estate disputes, our attorneys have the background, research, and trial skills required to pursue the best possible outcome for your real estate matter. We have learned that a combination of tenacity and discipline are needed to get to the heart of issues involved in a property dispute.
Our legal team will examine the circumstances of your case, develop a strategy that aligns with your goals, and seek a positive resolution to your dispute. We routinely pursue opportunities in the best interests of our clients through the effective use of early motions, and we possess broad experience in all types of alternative dispute resolution, i.e. mediation and arbitration.
But when these methods fail to get you the results you require, our litigators will aggressively represent your interests in court. Our goal is always to achieve your real estate transaction objectives, keeping in mind any budget concerns.
