Real Estate Litigation

Maryland Real Estate Litigation Lawyers

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.

Common Real Estate Disputes in Maryland

Our firm handles a wide range of real estate litigation matters. We have the experience to manage complex cases involving multiple parties and significant financial stakes, such as:

• Breach of Real Estate Contracts: A signed purchase and sale agreement is a binding contract. A breach occurs if either the buyer or seller fails to perform their obligations without a valid legal reason. This can include a buyer failing to secure financing within the specified timeframe or a seller refusing to make agreed-upon repairs. We represent clients in these disputes, seeking remedies that can include monetary damages or specific performance (a court order compelling the party to complete the transaction).
• Landlord-Tenant Disputes: We represent both commercial and residential landlords and tenants in disputes involving lease violations, eviction proceedings, security deposit disputes, and disagreements over property maintenance. Maryland has a detailed statutory framework governing landlord-tenant relationships, and strict procedural requirements must be followed, particularly in eviction actions.
• Boundary Disputes and Easements: Disagreements over the location of property lines can be highly contentious. These disputes often require a professional survey and a detailed analysis of historical property records. Similarly, disputes can arise over easements, which grant one party the right to use another’s property for a specific purpose (e.g., a shared driveway). We help clients resolve these disputes through negotiation or, if necessary, by seeking a court order to establish clear boundaries or rights.
• Title Defects and Disputes: A title defect is any issue that could call the legal ownership of a property into question. This can include unreleased mortgages, outstanding liens, or errors in public records. We work to resolve these title issues, often through a legal action known as a “quiet title” lawsuit, which asks a court to issue a definitive ruling on the ownership of the property.
• Construction Defects and Mechanic’s Liens: Disputes often arise from new construction or renovation projects. We represent property owners in claims against builders for defective workmanship. We also represent contractors and subcontractors in filing and enforcing mechanic’s liens to secure payment for their work.
• Partition Actions: When two or more individuals own property together and cannot agree on its use or sale, one co-owner can file a partition action, asking a court to either physically divide the property or order its sale and divide the proceeds among the owners.

Navigating Landlord-Tenant Law in Maryland

Disputes between landlords and tenants are common, and Maryland law provides a specific legal process for resolving them. The law seeks to balance the landlord’s property rights with the tenant’s right to safe and habitable housing.

• Eviction Proceedings (Summary Ejectment): A landlord cannot simply lock out a tenant. To evict a tenant, a landlord must follow a specific legal process called summary ejectment. The most common grounds for eviction are failure to pay rent and breach of lease (e.g., causing damage to the property or engaging in illegal activity). The process involves filing a complaint in the District Court of Maryland, and both parties have the right to appear at a hearing.
• Security Deposits: Maryland law limits the amount a landlord can charge for a security deposit (no more than two months’ rent) and sets strict rules for its return. A landlord must return the security deposit within 45 days of the end of the tenancy, along with an itemized list of any damages for which the landlord is withholding a portion of the deposit.
• Habitability and Repairs: Landlords have a legal duty to maintain the property in a safe and habitable condition. If a landlord fails to make necessary repairs, a tenant may have the right to place their rent in an escrow account with the court until the repairs are made. This is a powerful tool for tenants, but the proper legal procedure must be followed.

We represent both landlords and tenants in these matters, providing guidance on their rights and obligations and advocating for their interests in court.

Resolving Boundary and Easement Disputes

Disputes with neighbors over property lines and the right to use property can be particularly challenging. These cases often involve a mix of legal research, historical evidence, and expert testimony.

• Adverse Possession: In some circumstances, a person who has used another’s property openly, continuously, and without permission for 20 years may be able to claim legal ownership of that property under the doctrine of adverse possession. These are complex, fact-intensive cases that require a detailed historical analysis.
• Easement by Prescription: Similar to adverse possession, an easement by prescription can be created if a person uses another’s property for a specific purpose (e.g., as a shortcut) for 20 years. If successful, this creates a legal right to continue that use.
• Interpreting Deeds and Surveys: Resolving boundary disputes often comes down to interpreting the legal descriptions in deeds and reconciling them with professional surveys. We work with experienced surveyors and title experts to build a strong case for our clients’ property rights.

How Nguyen Roche Sutton’s Litigation Focus Gives You an Edge

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.

Schedule a Consultation

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.

Frequently Asked Questions (FAQs)

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.