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Real Estate Litigation

Real estate disputes center involve issues such as breach of contract, breach of fiduciary duties, misrepresentation, nondisclosure, fraud, negligence, deceptive trade practices, and tort.

For the individual involved in a real estate dispute, the question often involves a home purchase, home repairs, or property owned with family.

Frequently Asked Questions about Real Estate Litigation
  • Q: My contractor put a mechanic’s lien on my home. I had no idea they could do that. Is it legal?
    • A: Unless your contractor gave you the disclosures required by law before or when you signed the contract, no mechanic’s lien can attach, because that is an unfair or deceptive practice. Those mechanic’s lien statutes are Haw. Rev. Statute §§ 507-42 (1993) and 444-25.5
  • Q: I had an agreement to buy some land from my uncle. We wrote it up, although we didn’t sign it, and I paid him the entire amount. Now he doesn’t want to transfer it to me. Isn’t that my land now?
    • A: No. You can’t make the seller perform in this situation, but you do get your money back.
  • Q: My siblings and I inherited property from my parents. I want to sell it, but they outvote me three to one. Is there anything I can do?
    • A: Yes, you can file a motion with the court to partition the land.
For business or commercial real estate, the issues are too complex to begin to address in a short article or Q & A.

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