Has a real estate matter led to challenges or disputes? When disagreements or legal issues put your property rights at stake, you need dedicated legal counsel who can help you navigate your situation and protect your interests. Contact Bristlecone Law for an initial case evaluation with a seasoned Oregon real estate disputes attorney to learn more about how we can help you pursue a fair and favorable resolution to your matter.

Understanding Real Estate Matters in Oregon

In Oregon, “real estate law” and “real property law” are often used interchangeably, but real property law is a broader term encompassing the legal aspects of land and its associated rights, while real estate law focuses more on the transactions and regulations that govern the business and practice surrounding real property. In Oregon, this means the legal framework for buying, selling, leasing, or managing real property (including licensing requirements for real estate professionals, contracts for purchase and sale, agency relationships, marketing, and disclosures). Real estate law also encompasses state statutes regulating professional conduct, agency relationships, and licensing, such as those found in ORS Chapter 696 and enforced by the Oregon Real Estate Agency. At Bristlecone Law, our legal team leverages its knowledge and experience to advocate for the rights and interests of clients in real estate (and real property) matters such as:

  • Boundary and easement disputes
  • Breaches of real estate contracts, such as purchase and sale agreements
  • Failure to disclose property defects and title issues
  • Title disputes and quiet title actions
  • Neighbor disputes, including boundary line disagreements, encroachment claims, or trespass and nuisance allegations
  • HOA disputes, including breach of covenant, breach of fiduciary duty, assessments, board governance, and architectural review committee issues
  • Real estate professional negligence or breach of fiduciary duty

Disagreements, disputes, or legal challenges involving real estate can quickly escalate into formal action or litigation as parties seek to protect their rights and interests. As a result, you can best protect yourself in a real estate matter by working with a seasoned attorney with extensive insight into real property law.

Commercial vs. Residential Real Estate Litigation

Our firm represents clients in commercial and residential real estate disputes or litigation. Residential real estate matters can involve issues such as breaches of purchase and sale agreements, failure to disclose defects, nuisance and trespass claims, HOA disputes, or land use and zoning matters. We assist homebuyers, sellers, and homeowners with a wide range of residential real estate cases. Commercial real estate cases can involve issues such as negotiation of commercial lease agreements, breaches of commercial leases, property development disputes, and disputes over obtaining zoning and land use approvals.

In residential real estate matters, the stakes may involve protecting someone’s home and therefore their most valuable asset. Commercial real estate cases may present even higher financial stakes and complex legal issues. At Bristlecone Law, we tailor our approach to advocating for and defending our clients’ interests based on the type of real estate involved, the nature of the dispute, and our clients’ needs, concerns, and objectives.

Breaches of Real Estate Contracts

Real estate contracts can involve various types of agreements, including purchase and sale agreements, developer agreements, leases, and easement agreements. Breaches of real estate contracts can arise from situations such as:

  • Failure to close
  • Failure to obtain financing
  • Unfulfilled contingencies, such as zoning approvals or issuance of certificates of occupancy
  • Failure to meet development deadlines
    Blocking access to or use of easements
  • Failure to deliver marketable title
  • Failure to disclose property issues or title defects
  • Breaches of representations and warranties, such as leaving unpaid taxes or utility charges on a property
  • Blocking access to or use of easements

In a breach of real estate contract case, the aggrieved party may pursue various types of relief, depending on factors such as the type of contract and the nature of the loss incurred. Typical forms of relief include:

  • Monetary Compensation – A party who sustains financial losses, including direct and consequential losses, due to a breach of a real estate contract may seek financial compensation from the breaching party.
  • Rescission – When a party seeks rescission of a real estate contract, they wish to cancel the contract. A court that orders rescission of a contract may also order other kinds of relief necessary to put the parties as close to their pre-contract positions as possible, such as ordering the return of earnest money deposits or requiring parties to remove movable items from a property.
  • Injunction – Parties may pursue an injunction order from a court; an injunction orders a party to refrain from performing one or more specific actions, such as blocking an easement owner’s access to or use of their easement.
  • Specific Performance – In certain circumstances, a court may order a party to perform their contractual obligations. For example, in a purchase and sale agreement, a court may order the seller to close on the transaction and deliver possession of and title to the property to the buyer.

Title and Boundary Disputes

Oregon real estate matters can involve disputes over the correct title or boundary lines for a property. Parties may have competing claims of ownership or disagree over the location of the boundary between their properties. Boundary disputes can lead property owners to pursue encroachment, trespass, or nuisance claims against another party who has allegedly violated the owner’s exclusive possession of their property, such as when a neighbor allegedly builds a fence or an accessory shed on the wrong side of the property line.
 
Title disputes can lead to quiet title actions or claims of adverse possession, as parties contest ownership of the property under Oregon law. A quiet title action involves the court determining who owns a property based on the title history and other evidence. Adverse possession claims may enable parties to acquire ownership of real estate by openly occupying the property without the owner’s consent for a specified period.
 
Our firm can also assist clients in navigating issues with title insurance, which should provide coverage in the event of title disputes.

Land Use, Zoning, and Permitting Disputes

Our firm can assist you in resolving disputes with local authorities regarding zoning, permitting, or land use regulations. Disputes can arise when property owners apply for zoning, building, or land use variances or when municipalities cite owners for violations of zoning and land use ordinances. When local governments deny permits or variances, property owners may pursue litigation to seek judicial review of those application denials.

Real Estate Fraud

Legal disputes and litigation can arise in real estate due to fraud or misrepresentations. For example, property sellers may fail to disclose property defects, such as foundation or structural issues, or issues with the property’s title, such as unpaid taxes or liens. During real estate transactions, sellers must disclose all material information concerning the property. Buyers may pursue various remedies for misrepresentations or missing or fraudulent disclosures, including financial compensation or rescission of the real estate deal.

How Our Attorneys Can Help

When you have a real estate case that may become a legal dispute, having an attorney to advise you on your options and advocate for your interests can best protect your rights. Let the legal team at Bristlecone Law help you seek an optimal outcome to your matter by:

  • Thoroughly investigating your matter to secure the documents and evidence needed to build your case
  • Explaining your legal options to you to help you make informed decisions about how to proceed with your case
  • Evaluating your rights at each stage to advise you on the best path forward
  • Vigorously advocating for your rights and interests at the negotiating table or in court to protect your property or financial interests

Contact Our Firm Today to Discuss Your Options

Seeking experienced and informed legal guidance can help you avoid an escalation of a dispute or protect your rights and interests if you find yourself in a legal action or litigation involving real estate. Contact Bristlecone Law today for a confidential consultation with a knowledgeable Oregon real estate litigation attorney to discuss your options for pursuing a favorable resolution to your situation.

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