While most real estate transactions close without issue, a significant number give rise to disputes that require legal intervention. Real estate litigation involves a wide range of conflicts, from disputes over purchase and sale agreements to disagreements over property boundaries and landlord-tenant issues.
These disputes can be financially draining and emotionally taxing, often jeopardizing significant investments and property rights. Navigating the complexities of Maryland real estate law and the court system requires experienced legal counsel with a deep understanding of both property law and litigation strategy.
At Nguyen Roche Sutton, our real estate litigation practice is built on a foundation of thorough preparation and assertive advocacy. Our attorneys have a comprehensive understanding of Maryland real estate law, and our firm’s litigation focus means we are always prepared to protect our clients’ interests in court. We represent property owners, developers, buyers, sellers, landlords, and tenants in a wide variety of real estate disputes, combining sophisticated legal knowledge with practical, results-oriented strategies.
Our firm handles a wide range of real estate litigation matters throughout the State of Maryland. We have the experience to manage complex cases involving multiple parties and significant financial stakes. Real estate is often the most significant investment an individual or business will ever make, and when disputes arise, the legal nuances of Maryland law can be the difference between a successful resolution and a devastating financial loss. The following sections provide an in-depth look at the most common areas of litigation we encounter.
A signed purchase and sale agreement is a binding legal contract that dictates the rights and responsibilities of both the buyer and the seller. In Maryland, these contracts are often based on standardized forms provided by local Realtor associations, but they frequently include custom addenda that can complicate the transaction. A breach occurs if either the buyer or the seller fails to perform their specific obligations without a valid legal reason.
Common examples of a breach include a buyer failing to secure financing within the specified timeframe or a seller refusing to make agreed-upon repairs discovered during a home inspection. Additionally, disputes often arise over the “Time is of the Essence” clause, which is a standard feature in Maryland real estate contracts. If a party fails to meet a deadline for settlement, they may be found in material breach of the entire agreement.
We represent clients in these disputes by seeking various remedies. Depending on the circumstances, this might include monetary damages to compensate for the loss of a sale or “specific performance.” Specific performance is a court order compelling the breaching party to complete the transaction as originally agreed. This is particularly common when a seller tries to back out of a deal after a buyer has already sold their previous home and is ready to move in.
Maryland has a detailed statutory framework governing landlord-tenant relationships, found primarily in the Real Property Article of the Maryland Code. We represent both commercial and residential landlords and tenants in disputes involving lease violations, eviction proceedings, security deposit disputes, and disagreements over property maintenance. Each of these areas requires a deep understanding of both state and local laws, as jurisdictions like Baltimore City and Montgomery County often have additional regulations.
Eviction actions, known legally as “Failure to Pay Rent” or “Tenant Holding Over” actions, require strict adherence to procedural requirements. If a landlord fails to provide the proper notice or files the wrong paperwork in the District Court, the case can be dismissed, forcing the landlord to start the expensive process all over again. Conversely, tenants have rights regarding the “warranty of habitability,” meaning they are entitled to a safe and livable environment. If a landlord fails to address serious issues like lack of heat or water, a tenant may be able to file a “Rent Escrow” action.
Commercial lease disputes often involve much higher stakes and more complex language. These cases may center on “common area maintenance” (CAM) charges, exclusive use clauses, or the interpretation of “force majeure” events. Whether the property is a small apartment or a large retail shopping center, we focus on protecting our clients’ possessory interests and financial stability.
Disagreements over the location of property lines can be highly contentious and often emotional, as they involve the literal ground beneath a person’s feet. These disputes frequently arise when a homeowner installs a fence, driveway, or landscaping that an adjacent neighbor believes encroaches on their land. In Maryland, these cases often require a professional survey and a detailed analysis of historical property records dating back decades or even centuries.
Easements are another common source of conflict. An easement grants one party the right to use another’s property for a specific, limited purpose. Common examples include a shared driveway, a utility line, or a “right of way” to access a landlocked parcel. Disputes occur when the “burdened” property owner tries to block access or when the “benefited” party exceeds the scope of the easement (for example, by turning a simple walking path into a paved road for heavy machinery).
Resolving these issues often involves the doctrine of “adverse possession” or “prescriptive easements.” If someone has used a piece of land openly and continuously for 20 years in Maryland, they may actually gain legal rights to it. We help clients navigate these complex legal theories to establish clear boundaries through negotiation or, if necessary, by seeking a “Declaratory Judgment” from a Circuit Court.
A title defect is any issue that could call the legal ownership of a property into question or prevent it from being sold or refinanced. Because Maryland is a “race-notice” state, the order in which documents are recorded at the Courthouse is vital. Common defects include unreleased mortgages from previous owners, outstanding tax liens, or errors in the public records, such as misspelled names or incorrect legal descriptions.
When a title professional discovers a “cloud” on the title, it must be cleared before a title insurance company will issue a policy. We work to resolve these issues, often through a legal action known as a “quiet title” lawsuit. This is a formal request for a court to issue a definitive ruling on the ownership of the property, effectively “quieting” any other claims to the land.
Quiet title actions are also necessary in cases of “wild deeds” (deeds recorded outside the chain of title) or when a property is purchased at a tax sale. Because a clear title is the foundation of property value, our firm prioritizes efficient and thorough resolutions to these technical but critical disputes.
Disputes often arise from new construction projects or major home renovations. For property owners, the discovery of defective workmanship—such as a leaking roof, a cracked foundation, or improper electrical wiring—can be a nightmare. We represent owners in claims against builders and developers, often navigating the “Custom Home Protection Act” or the requirements of home warranties.
On the other side of the coin, we represent contractors, subcontractors, and material suppliers who have not been paid for their work. In Maryland, the Mechanic’s Lien statute provides a powerful tool for these professionals. It allows them to place a claim against the property itself to secure payment. However, the timelines for filing a “Notice of Intent to Lien” and the subsequent “Petition to Establish a Mechanic’s Lien” are incredibly short and unforgiving.
Failure to follow these deadlines by even a single day can result in the total loss of lien rights. Whether we are defending a homeowner against an improper lien or helping a contractor get paid for their hard work, we understand the technicalities of Maryland’s construction laws.
Ownership of property is not always straightforward. When two or more individuals—such as siblings who inherited a family home, or business partners whose relationship has soured—own property together and cannot agree on its use or sale, the law provides a remedy. One co-owner can file a “Partition Action” in the Circuit Court.
In Maryland, the court has the authority to handle a partition in two primary ways. The first is a “partition in kind,” where the court physically divides the property into separate parcels. This is more common with large tracts of undeveloped land. The second, and more frequent approach for residential homes or commercial buildings, is a “partition by sale.”
In a partition by sale, the court orders the property to be sold (often by a court-appointed trustee), and the proceeds are then divided among the owners based on their percentage of ownership. The court can also account for “owelty,” which adjusts the payouts if one owner has paid more than their fair share of taxes, mortgage payments, or maintenance costs over the years. We guide clients through this process to ensure they receive their equitable share of the property’s value.
At Nguyen Roche Sutton, our extensive experience in commercial and civil litigation provides a significant advantage in real estate disputes. We approach every case with the thorough preparation and strategic mindset of seasoned trial attorneys. We understand how to gather and present evidence, how to question witnesses, and how to make compelling legal arguments to a judge or jury.
Our attorneys’ backgrounds at larger law firms mean we are not intimidated by well-funded opponents or complex legal challenges. We combine this big-firm experience with the direct, personalized service of a smaller firm, ensuring our clients are always informed and involved in their case. When you work with Nguyen Roche Sutton, you have a team of dedicated advocates committed to protecting your property rights and achieving a favorable resolution to your dispute.
If you are involved in a real estate dispute in Maryland, do not wait to seek legal advice. Contact Nguyen Roche Sutton to discuss your situation with one of our experienced real estate litigation attorneys.
Call (443) 702-5769 or complete our online contact form to schedule a consultation.
What is a “quiet title” action?
A quiet title action is a lawsuit filed to establish a party’s legal ownership of a property and to resolve any competing claims or “clouds” on the title. It is often used to clear up issues such as old, unreleased mortgages, errors in legal descriptions, or claims of ownership through adverse possession. The result of a successful quiet title action is a court order that definitively declares the rightful owner of the property.
How long do I have to file a real estate lawsuit in Maryland?
The statute of limitations for filing a lawsuit depends on the type of claim. For example, a lawsuit for breach of a written contract must generally be filed within three years. However, a claim for adverse possession requires 20 years of continuous use. It is important to consult with an attorney as soon as a dispute arises to ensure you do not miss any critical deadlines.
What is the difference between mediation and arbitration in a real estate dispute?
Mediation is a non-binding process where a neutral mediator helps the parties negotiate a settlement. The mediator cannot force a decision. Arbitration is a more formal process where the parties present their case to an arbitrator who acts as a private judge and issues a legally binding decision. Many real estate contracts in Maryland require the parties to attempt mediation before proceeding to litigation.
Can I handle a landlord-tenant dispute in small claims court?
Landlord-tenant disputes in Maryland are typically heard in the District Court, which has its own specific procedures for these cases. While the District Court is designed to be more accessible than the Circuit Court, the rules and procedures can still be complex. Having an attorney represent you can be a significant advantage, particularly if the other side has legal representation.
What should I do if a neighbor is building a fence on what I believe is my property?
First, you should try to speak with your neighbor to resolve the issue amicably. It is possible they are relying on an incorrect survey or are simply mistaken about the property line. If that fails, you should consult with an attorney. An attorney can help you obtain a survey, review the relevant deeds, and send a formal letter to your neighbor demanding that they cease construction. If necessary, you may need to file a lawsuit to obtain a court order preventing the encroachment.
What is a lis pendens?
A lis pendens is a legal notice filed in the public records to indicate that there is a pending lawsuit involving a piece of real property. Its purpose is to put potential buyers or lenders on notice of the litigation. A lis pendens can make it very difficult to sell or refinance a property until the lawsuit is resolved.
Owings Mills
500 Redland Ct,, Ste. 212
Owings Mills, MD 21117
Maps & Directions
Phone: (443) 238-0160
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Baltimore
6 E. Eager Street
Baltimore, MD 21202
Maps & Directions
Phone: (443) 238-0160
(By appointment only)
