Your real estate investments are valuable, and any litigation can threaten the strength of your investments. If you own residential or commercial real estate in Virginia, you need an aggressive real estate attorney to protect your assets, whether you are the Plaintiff or the Defendant. The attorneys at S.L. England, PLLC, understand the unique laws that apply to real estate transactions and have the courtroom experience you need to ensure your financial future.
Real Estate Litigation in Virginia
Our attorneys represent residential and commercial real estate owners in a variety of legal matters, including:
- Lease disputes
- Contractor disputes
- Construction litigation
- Sale contracts
- Boundary disputes
- Ownership disputes
- Title disputes
- Mechanic's liens
- Defect and warranty claims
- Insurance coverage disputes
Collaborate with Professionals
Real estate matters can be complex and may require hiring professionals to provide information to build your case. Our attorneys work with land surveyors, engineers, and general contractors to provide professional information for your case. These same professionals may also testify as expert witnesses in court on your behalf.
Real Estate Litigation Process
Real estate litigation begins when the Plaintiff files a Complaint with the Court, listing the legal and factual evidence for the claim against the Defendant as well as the relief the Plaintiff wishes the Court to grant. Relief may include money for damages caused by the Defendant, punitive damages, attorney fees, or require the Defendant to perform or cease a certain action.
At the time the Plaintiff files the Complaint, the Clerk of Court issues a Summons, which the Plaintiff serves on the Defendant along with a copy of the Complaint. The Defendant has 21 days to file a Response to the Complaint and any Counterclaims against the Plaintiff.
Then, the Discovery process begins. During this time, both parties gather information about the claim through interrogatories (written answers under oath), depositions (oral statements from witnesses under oath), and requests for production (legal requests for documents). Each party must produce the answers and documents requested.
During Discovery, the parties may negotiate to reach a settlement agreement out of court. Real estate claims may contain sensitive information that you do not want to be made public. Alternative dispute resolution methods, such as arbitration and mediation, can be used to reach an agreement in an informal environment while protecting sensitive information. The Court may require the parties to participate in a settlement conference, especially close to the trial date.
The case goes to trial if the parties are unable to reach a settlement agreement. Real estate litigation is a civil matter, so the judge or jury makes its decision based on "a preponderance of evidence."
Do You Need a Real Estate Litigation Attorney in Virginia?
Whether you are the Plaintiff or the Defendant, your real estate assets are valuable and deserve strong legal protection. The attorneys at S.L. England, PLLC, are experienced real estate litigators and can fight for you in any Virginia State or Federal court. If you need to file a legal claim to protect your real estate assets or if you have been served with a lawsuit, call us today at (202) 572-1020 or contact us online.