Nashville Real Estate Litigation Attorney
Since a piece of real estate is a high value asset, it’s often a matter of contention. When you’re stuck in a real estate conflict with no clear end in sight, it may be time to consider litigation. Our law firm accepts cases involving all forms of real estate contention.
Litigation is a process by which we work to defend your legal rights. It’s more than simply a lawsuit, we follow a set of procedures both before and after filing suit to ensure your rights are protected.
Before The Lawsuit
Before we even file a lawsuit, we typically issue what’s referred to as a “demand letter” to the offending party. In it, we specify the amount of damages our client is seeking as recompense for the wrongdoing (in the case of real estate litigation, it’s typically economic injury). If you’re a landlord, a Notice of Eviction might be another kind of demand letter. Hopefully, the offending party will comply with the demands in the letter before the issue goes to court, but this isn’t always the case.
If the defendant fails to compensate you for damages or back rent, the next step is to conduct a thorough investigation. The investigation phase is where we gather all of the facts and evidence we need to present the case to the court. Its success hinges on proving that you, as the wronged party, were harmed by the actions of the defendant. In real estate litigation, the harm is usually financial, but in some cases, it may be physical (for example, if you were renting a home from a landlord, and he or she failed to provide a safe place to live led to physical injury).
Before we file a formal lawsuit, we’ll attempt to negotiate with the other party to avoid the costs associated with a lengthy trial. The defendant may agree to pay all or part of the damages we outline in our demand letter and investigation. Ideally, the case will be resolved in the negotiation phase.
Alternative Dispute Resolution
ADR events can include facilitation, mediation, or arbitration. These are all less costly alternatives to filing a formal lawsuit. Each side will present their case to an independent attorney, who will attempt to mediate a fair amount of damages that both parties find agreeable. Occasionally, a mediator will assign a dollar value to the case, hopefully achieving what everyone feels is a fair settlement.
Filing the Suit
If negotiations and alternative dispute resolutions don’t produce a satisfactory outcome, we take steps to formally file a lawsuit. We contact the courts to register a complaint, who will then assign a date to hear your case. Using all of the information and evidence we’ve compiled, we’ll strive to convince a judge you’re entitled to the damages that we outline, based on the extent of your economic injury. If it becomes necessary, we’re committed to seeing your case through trial and any appeals.
I Think I Have Grounds For Real Estate Litigation. Now What?
If you wish to pursue a real estate lawsuit, the first step is retaining the services of an experienced law firm. At Larry R. Williams, PLLC, we believe our success stems from the personalized attention and intense preparation we give to each of our clients. We love aiding the residents of Nashville for all of their legal needs. We’re committed to not only serving Nashville locals, but serving them well. We’re proud to be an AV-rated law firm, which signifies professional excellence. For questions about our real estate litigation service, please contact us for an initial consultation.